Ok, let's try this again;)

If you're on maternity leave, and you are informed that you are not covered under the FMLA and that you will not have a job when your maternity leave is exhausted, can you at that point claim unemployment?

As stated in the other thread, I'm not talking about double dipping but rather starting the unemployment after the disability runs out.

That wasn't so hard, was it?

Not at that exact point, no. But at the point when the employee is released to return to work, they can.

This remains true regardless of FMLA, regardless of "key employee" status; regardless of whether it is maternity or medical leave. Their right to file for unemployment when they do not return to work is not dependent on any of those factors.

That wasn't so hard, was it?
:rolleyes:

Thanks.

Just out of curiosity, would that be the same as being laid off?

In the literal meaning of the term, laid off, no.

"Laid off" gets misused a lot because people are so afraid of the word, "fired". But techically, unless there is legitimate chance of recall, it is not a layoff.

So, technically she's fired?

Technically, yes, if you want to put it into those terms. Read my explanation of the usage of "laid off" in this thread.

http://www.laborlawtalk.com/showthread.php?t=176045&highlight=laid

Once again, thank you!;)