Legal Question in Medical Leave in Michigan

Unemployment and FMLA Law Rulings

Can an employee go out on FMLA and later file for unemployment because he tries to return to work with restrictions that are not workable? Can he win his unemployment because we refused to work with his restrictions?

Asked on 12/29/03, 9:12 am

1 Answer from Attorneys

Janet Ziulkowski Ziulkowski & Associates, P.L.C.

Re: Unemployment and FMLA Law Rulings

That depends on several factors, whether the employer provided reasonable accomodations, whether the individual has medical documentary support for the restrictions, whether the refusal to work was based on the employer's refusal to accept the restrictions, and several other factors. In order to better evaluate this type of situation, I would need more information. Call me at 586-992-9981 and we can discuss this in further detail. Good luck.

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Answered on 12/29/03, 9:29 am

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