Unemployment after FMLA?

Submitted by trumplost3602020 t3_znh7nm in Washington

If you have been with your job less than a year, tell employer you are requesting FMLA, ( son born May 2022) they deny the request, you take it anyway, get fired, does that qualify you for unemployment after FMLA is over? Or is that considered job abandonment leaving for FMLA when it was not approved.

I know because you are at the job less than a year there is no job protection, not sure about unemployment after FMLA.

Edit: I am the father.

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peggysue_82 t1_j0gvai6 wrote

Legally they have to give you 12 weeks(though they don’t have to pay you). But if you didn’t sign up for FMLA prior to delivery and extended your maternity leave beyond the agreed upon time. You have abandoned post and will not be covered by unemployment.

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IceDragonPlay t1_j0h9p9t wrote

Are you the person that delivered the baby (e.g. had medical leave)? Or are you the other parent?

Also, are you referring to PFMLA or federal FMLA?

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IceDragonPlay t1_j0hc7io wrote

Replying to trumplost3602020 (#945,869)

PFML is the washington state paid leave program. FMLA is the federal right to unpaid leave (which requires 12 months employment with that participating employer).

I was just trying to understand if there was a medical leave component to your question or not.

So you are probably considered a voluntary quit since you were not approved for leave and did not appear for work. Were there any extenuating circumstances with the child's birth or the mother's medical condition that compelled taking leave at the time you did (as opposed to waiting until you had been with the employer for a year)? You don't need to disclose that info here, but if there were extenuating circumstances it might be worth talking to an attorney.

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TVDinner360 t1_j0ihlft wrote

Yep, key point here is to qualify for FMLA you have to have been working there for 12 months first.

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Regular_Monk9923 t1_j0ivkc1 wrote

Yes if you stop showing up to work it is job abandonment.

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Not_Just_anything t1_j11q679 wrote

There is no “after FMLA is over,” for you, as you did not qualify for FMLA. If you chose not to attend work after they denied your leave (which, hey, I get it, no negative judgement here), which led to your firing, then you are likely unable to qualify for unemployment.

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