Q. We have an employee out on unpaid
A. Probably not. Each state has slightly different rules for unemployment compensation eligibility. Generally, unemployment benefits are payable to workers who lose their jobs through no fault of their own and who are ready and able to work. It is hard to imagine a situation in which an employee would be able to work while on leave for her own serious health condition or if she is caring for someone else with a serious health condition.
Of course, if she wants to apply for unemployment, there is nothing to stop her. Your state agency would then consider her case and notify you as with any employee.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Terminating after FMLA leave expires? Be sure to apply rule consistently
- Collecting unpaid health insurance premiums after FMLA leave
- Document business reasons for job decisions
- Employee fudges appointments, claiming FMLA? Count that as an unexcused absence