Can I Collect Unemployment While on FMLA?

Employment Attorneys Serving Northern and Central New Jersey

image of smiling pregnant woman holding her bellyThe Family and Medical Leave Act (FMLA) is a U.S. labor law that enables eligible workers to take up to 12 weeks of unpaid leave for specific medical and family reasons, without jeopardizing their employment. Unemployment benefits are intended to help individuals who have lost their jobs.

If you are taking an unpaid leave of absence under FMLA, even though you are not working, you are still employed, and therefore ineligible for unemployment benefits.

How Does The Family and Medical Leave Act Work?

The Family and Medical Leave Act allows employees to take up to 12 weeks off work for medical reasons or to care for a family member. An employee is allowed to take up to 26 weeks if the family member is a member of the military. While these leaves are unpaid, employers must pay accumulated vacation or time off if they require the employee to use it as part of his or her leave. While you are away under FMLA, your job and health benefits remain intact.

To be eligible for FMLA, you must:

  • Have worked at your current job for at least 12 months
  • Completed at least 1,250 work hours within the past year
  • Have worked at a location with 50 or more employees within 75 miles

What Is Considered a Permissible Absence Under FMLA?

The Family and Medical Leave Act can be used for a number of reasons. Types of leave under FMLA include:

  • To give birth
  • To care for a newborn infant
  • Welcome an adopted or fostered child into your home
  • To care for a close family member, such as a child, parent, or spouse, with a severe health issue
  • If you suffer from a serious health problem that prevents you from working

Who Is Eligible For Unemployment Benefits?

Unemployment insurance is available for individuals who are ready and willing to work, yet unemployed through no fault of their own. If you are not working because you are out under FMLA, you are still employed.

Call Our Experienced FMLA Attorneys Today

Contact Green Savits, LLC online or call (973) 695-7777 today to discuss the provisions of the Family and Medical Leave Act and associated statutes in New Jersey and find out how they relate to your case.

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