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Does anyone know if you can claim unemployment when on leave?

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Anonymous

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Does anyone know if you can claim unemployment when on leave?

I live in Colorado and right now have been battling health issues. I have maxed out my FMLA and paid family leave. My employer is trying to see if I can get approved for long-term disability but nothing has come out of that just yet. However, I have bills to pay and do not have a release from my physician. I filed for Unemployment but was just curious if anyone knew if it could be approved even though I'm not technically separated from my employer quite yet.

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  1. Anonymous

    The laws in each state are difficult so I would call your state's unemployment office to check

  2. Anonymous

    You aren't unemployed so seems doubtful; however, i would think applying for disability is more fitting for your situation (If CO has that).

  3. maria rose

    This is a tricky situation, you qualify for a benefit most probably disability but the process taking long and your other paid benefits coverage FLMA & regular leave have reach the term limit of covered payments and you are still not able to physically return to work in any way because of your health issues, which means you are technically unemployable even with accommodation by your employer. You should have been hopefully discussing this during the time you have been off work on the paid leaves, with your doctor if the nature of your health medical issues would prevent your return to work, eventually, so you could have applied for disability leave sooner rather than waiting now for the decision as the process is not as fast as applying for the other mentioned leaves. I am not sure and you may need to consult a lawyer who specializes in labor laws, but you may qualify for unemployment/welfare benefits until your disability benefits has been processed. I am sure that your employer has tried all options to keep you on their books as an employee just to keep your job position and any retirement plan benefits active and probably would even try to make accommodations for you to stay on their job if you get the written documentation from your doctor as to your health issues and if you can perform any job tasks. Not knowing your exact job description and your exact health conditions, you are at a standstill if your only option is qualifying for permanent disability.

  4. yvette finley PHR

    Typically no as you are unable to perform work due to being under medical care (to some extent). A lot of state unemployment laws require you to be available and ready to work (sometimes at a reduced rate)

    if you have any short term disability coverage, you can look into that for income supplement

  5. Anonymous

    That is a question you should ask the UI division in the Department of Labor in your state.

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