What to do if my FMLA will run out before I’m able to return to work due to pregnancy complications and I’ve already been informed that I won’t have my job held for me?

My FMLA runs out on the 16th. Can I apply for unemployment and when should I do so since technically I’m still until the 12th.

Asked on November 9, 2012 under Employment Labor Law, Virginia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Check with your disability insurance carrier for any help there. As to your job, check with your state's department of labor on any pregnancy anti-discrimination statutes involving non-discrimination post FMLA.  In the mean time, begin the application for unemployment but you should ask the department of labor first.

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