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12 wk FLMA Rule Indiana

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  • 12 wk FLMA Rule Indiana

    I understand that a company does not have to keep you after you have exceeded 12 weeks of FMLA. I am ill and am fearful of the 12 wk mark. If they let me go due to FMLA/short term disability would I be entitled to unemployment benefits? I have more than a decade with a major company. I only have become ill within the past year.
    Thank you.

  • #2
    You are correct that they can terminate you if you are unable to return after your 12 wks. of job protected FMLA has elapsed.

    In order to get unemployment, you need to be willing & able to work & looking for employment.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    • #3
      FMLA and short term disability are two different things. They can and often do run concurrently, but they are not the same.

      Just because you've run out of FMLA does not mean that STD automatically stops. In fact, even if your employment is terminated it does not mean that your STD automatically stops.

      It is quite unlikely that you would be able to collect unemployment if you are still too ill to work. But it is also quite unlikely that your STD benefits will not continue.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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