Georgia  |  Employment Law

Legal Question

Asked on: 9/10/12, 2:33 am

Am I entitled to unemployment benefits in the state of Georgia if I am terminated while on a medical leave of absence (non FMLA)? My FMLA entitlement expired while out sick yet I was still unable to return to work. My extended medical leave of absence was submitted and accepted by my employer. I was told that my job had been posted. I was not terminated at that time. About six weeks later, upon presenting my release to return to work from my doctor, I was promptly terminated. I filed for unemployment benefits and was approved.

Approximately 2 weeks later, the employer filed an appeal to that decision and I have to attend an in-person hearing. It was a stressful, hostile place to work yet I continued until it literally made me sick.

Per the letter of D.O.L,

Issues to be decided are:

OCGA Section 34-8-194 (2)

OCGA Section 34-8-194 (1)

OCGA Section 34-8-157 (b)

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