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FMLA Washington

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  • FMLA Washington

    I fractured my wrist via an outside of work injury over memorial day. I had given verbal notice a couple of weeks before and was only staying on so they could train someone to cover my shift (which would have been at the very least 4-6 weeks down the road). My supervisor told me "we cannot let you work with a cast, and you were about to quit anyway, right?" I pretty much assumed this was termination. I filed for unemployment and my employer contacted me saying that they were calling it an unpaid medical leave of absence (FMLA) and that there were advised by a company that advises them in their unemployment issues. They made sure to mention "that is unless you are quitting" because at that point I had not contacted them in about 2 weeks.... My boyfriend urged me to challenge it but I would rather not burn bridges.... I have had no pay coming in as a result for the past 4 weeks.... What is there that I can do.... Also I can't find work anywhere else because of the injury....
    Thanks

  • #2
    If you are unable to work at your old job (and I can see that there are jobs where working with your wrist in a cast would be unsafe), then the employer has no legal obligation to pay you. FMLA provides up to 12 weeks of unpaid leave with job protection. Unfortunately, your leave comes after you've already given notice. Had you given notice without having a job to go to?

    If you've given notice, the employer may lawfully choose to accept it at any time. They could have walked you out the door the minute you gave it and, unless you had an employment contract to the contrary, it would have been legal. You could argue to the unemployment folks that they've chosen to accelerate your notice period, but in order to get unemployment you have to be ready, willing, and able to accept work when it's offered. Does your broken wrist prevent you from accepting all employment? Have you even applied for unemployment? Why not do it and see what happens?
    I am not able to respond to private messages. Thanks!

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