I was wondering if anyone had any helpful information regarding a situation I am currently involved in. A friend of mine has told me she has signed up for FMLA because of her pregnancy. She is 28 weeks and has no complications with her pregnancy. She said she has received 6 months of leave for this, now when I was pregnant I was under the impression I got a total of 12 weeks off regarless if I had the sick/vacation time. I have also come to find out that this friend has now went and signed up for unemployment and food stamps for the time she is off, is this legal? I dont know what course of action to take but I really hate when people abuse the system. If anyone has any information or any advise please let me know what to do. I hate thanking that someone is using the states money for things that she could provide herself if she wasnt lazy and would go to work.

Thanks

IF the employer is subject to FMLA and IF the employee qualifies, 12 weeks per a 12-month period is all the law provides. If an employee is getting more than that, except in a very few states of which Illinois and Indiana are not a part, the employer is voluntarily providing the leave. Leave in excess of FMLA in these situations is not protected leave.

And, FMLA is leave only. Vacation/sick (and STD) re income replacements. They are not interdependent.

But my question is can she qualify for state financial help?

Unemployment insurance is payable only if the individual is medically able to work and is actively seeking work. If she is not doing both, and she is lying to the UI agency, more likely than not, she will get caught eventually. Is she receiving UI benefits now, or has she just applied?

Whether she can qualify for food stamps or other financial assistance depends on her personal financial situation. Just being on maternity leave wouldn't qualify her, but her personal situation might.