If i run out of FMLA time and can't return to work...

klillie0261

...can my employer say I abondoned my job inststead of firing I realize that once my time is up that I am no longer protected but if I can't get a dr.s note saying I can work full time without restrictions because i'm still having pregnancy complications can my employer say i abondoned my job and prevent me from getting unemployment?

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jasemhi

Job abandonment is being fired.

Mom of 2

If you can not return due to still being disabled, then no it is not job abandonment, however, you can NOT collect unemployment until the doctor releases you to return to work, as you must be ready, willing and able to work immediately while collecting.

As for the other answer you have received, job abandonment is considered a resignation and you can not collect, but even if the employer tries to tell unemployment that once you are able to return to the job market, unemployment will set up a telephone hearing, once they hear the whole story, they will grant you unemployment. Make sure you have your documentation from your doctor and submit it to unemployment as soon as you receive the hearing notice.

Hope all goes well with your pregnancy!