Legal Question in Employment Law in Massachusetts

fmla massachusetts can you collect unemployment if you are out of work on unpaid leave

My wife has medical problems and needs to take time off from her job. She has complete approval and paper work from her doctors. Can she collect unemployment benefits while out on unpaid leave?


Asked on 5/24/10, 3:29 pm

1 Answer from Attorneys

Sue-Ellen Kresh Law Office of Sue-Ellen Kresh

The shortest answer based only on the information you are providing in my opinion would be that collecting unemployment would not be proper under these circumstances. In order to be eligible to collect unemployment, someone must certify that s/he is ready, willing and available to work during the period of time for which s/he is collecting. If she is taking a leave of absence for medical reasons, then she is by definition not available or able to work and therefore does not qualify for unemployment benefits for that time period. However, there may be a question as to whether she might qualify for some other type of benefit such as short-term disability, depending on the specifics and reasons for her "unavailability" for and inability to work for the limited time period involved. That may be something you wish to investigate further.

Take care & good luck.

Sincerely,

Sue-Ellen Kresh

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Answered on 6/01/10, 11:04 am


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