I work in Illinois, and I am 8 months pregnant and found out that I do not qualify for FMLA, due to the fact that I took leave less than a year ago under FMLA due to my last pregnancy. I have however worked over the required 1250 hours but it has not been 12 months since my last leave. My employer informed me that I only qualify for 6 weeks of personal leave. I am having a c-section and my dr recently pulled me out of work until the baby is due. This will make me be on leave a total of 12 weeks. My employer also informed me that if I am not back within 42 days my job will be terminated, regardless if the dr. does not release me. I also am supppose to fill out a leave of absence application and fax in to my employer, unfortunately it states if I don't return before the leave expires I am voluntarily terminating my employment. My question is if I sign it and they terminate me I won't be able to recieve unemployment. I have worked for this company for 5 1/2 years. What should I do?

Unfortunately, because you don't qualify for FMLA leave for this pregnancy, the employer has no legal obligation to hold your job and no legal obligation to provide you with any leave. I wish I had better news for you.

Just a question, Did you exhaust the leave the first time you took it using all 12 weeks?

my concern is will I be eligible for unemployment when my 42 days are up and I am terminated. due to not being able to return to work due to a medical reason.

Once you are medically cleared to return to work, yes. But in most if not all states, you have to be able to work and actively looking for work before you qualify for UI.

Even if you don't sign the form your employer can hold you to the 42 day limit. For that matter, they could deny the leave all together without appropriate documentation.

I would turn in the forms and see what happens down the road. You can try speaking with your employer to see if there is any leeway in the dates. The letter you received might be a form letter and your employer may be more flexible than the letter implies. They aren't required to be, but you won't know until you ask.