Legal Question in Medical Leave in Arkansas

How do I apply for family medical leave to care for my mother?

I am an RN that recently returned to Arkansas to care for my mother who is ill. I signed on with our local hospital April 1st to work 4 days a week, with a committment to work at least 1 year as a fulltime employee.

Now her condition has deteriorated to the point that I may have to take a leave to provide care, 24/7.

Can I collect unemployment benefit if I take this time off? I have not accumulated any vacation or sick leave time at this new job yet - I haven't even met my 90 probationary time as yet.

I would most certainly complete my year committment to the hospital once my mother's health either improves or she passes. But at this time, my mother is my priority.

Thank you for your consideration.


Asked on 6/10/03, 7:48 pm

1 Answer from Attorneys

Alan Crone Crone & McEvoy, PLC

Re: How do I apply for family medical leave to care for my mother?

It does not sound to me as if you have worked long enough with this employer to qualify for unemployment benefits or Family Medical Leave Act benefits.

Even if you had worked at there long enough to qualify for both types of benefits given the facts of your situation you would not be eligible for any paid benefits.

You would not be eligible for unemployment benefits if you voluntarily quit your employment for any reason, even to care for a loved one.

Family Medical Leave benefits are unpaid. You would keep your benefits and be guaranteed your job back if you returned at the end of your 12 week leave. But, you have not worked there long enough to qualify for FMLA leave.

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Answered on 6/11/03, 11:30 am


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