A question about FMLA, MML, company policy and unemployment...
I work for a Fortune 100 company (been there 5 years, covered by FMLA), and have been out on FMLA/STD since July for pregnancy complications. I delievered on September 10th, and am now into my 8 weeks that I'm entitled to under Massachusetts law. However, my employer wants me back at exactly the end of the 8 weeks, and since I have a two hour commute and am not sleeping more than 2 hours consecutively, I cannot envision going back so soon.

For some background info - I have learned that my company will allow me to apply for an extension of my leave, although they will not approve any time that extends beyond six months total (so beginning in July).

Here's my question: if I were to ask that my leave be extended until mid-December (or January, or whatever --which would be beyond 6 months total leave), and my employer said no (and then presumably fired me? I'm not even sure...), would I be eligible to collect unemployment afterwards?

If you were fired, would you be actively looking for work and available to accept it if it were offered? Those are important factors in determining eligibility for unemployment.

No one can promise you will be eligible for UC nor can we promise you won't. If you turn down this job, I'd say you would have a hard time arguing that you were terminated for good reason attributal to your employer, and are actively looking for suitable employment. If you were able to return to work, you did have a job to return to. UC isn't goingto cover you to take an extended leave.

I can understand why you may want to be off for longer, but that may not entitle you to UC. You can always apply. There is no penalty for being wrong. But if you are counting on benefits, realize it may not happen.

Thanks for the follow-up, UC isn't something that I'm counting on but I thought I would ask. Now, how would it work if I were to ask to cut back my hours (I work full-time, salaried, about 50 hours/week) to 3 days a week and they said no to that...would that change anything?

No, it wouldn't. Work is available for you. The FMLA statute gives you guaranteed return to the job you left. They do not have any obligation to put you into a different job, even at your request.

My FMLA 'coverage' has ended already (I'm been out slightly over 12 weeks) - so the obligation to return me to my former job, I assume, no longer exists. So if I wanted to come back part-time, wouldn't I be "willing and able" for the purposes of UC?

I am also in MA and I very much doubt that the DET would consider that being willing to work part time, but not full time, is sufficiently "willing and able" to qualify you for UI if your employer still needs you to work full time.