Can I receive unemployment after being laid off due to a medical leave?
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Can I receive unemployment after being laid off due to a medical leave?
I was out medical leave for 2 weeks for a hand surgery. When I returned to work my employer laid me off.
Asked on November 21, 2017 under Employment Labor Law, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you used FMLA leave (see below) or paid time off, like sick days, you had earned, they could not terminate you for being out of work; if they did, it was an improper termination and you should contact the department of labor (if you used FMLA) or a private employment law attorney about suing (if you used PTO).
Unfortunately, the law only lets you miss work for a medical cause if you used FMLA or PTO; there is no general right to miss work for this reason, so if you missed work without using FMLA or PTO, you could be terminated for unauthorized or excessive absences, and of you were. you would bot be eligible foe unemployment: being fired for absences is termination "for cause" which bars unemployment if the employer reports it as such.
To be eligible for FMLA, your employer must have at least 50 employees within a 75-mile radius, you must have worked there a year, and you must have worked at least 1,250 hours in the past 12 months.
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