How do I know what will make me ineligible for unemployment?

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How do I know what will make me ineligible for unemployment?

I’ve missed work due to eye surgery my newborn son had. He got an infection and I was given a doctors note for 2 weeks of care. I informed my job. On return I was told I need FMLA papers filled out but I was unable to find the ER physician who gave the note. My employer said “it’s OK, just fill out the employee part and turn in”. Now they’ve informed me it’s not good enough. I was told last week not to return to work until approved by HR; I have been out of work since then. HR keeps telling me “we’re evaluating” but I was never suspended or placed on any kind of administrative leave. Any options for me?

Asked on April 10, 2012 under Employment Labor Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to find the note or have the physician fill out the paperwork (his portion) and immediately update and walk in to your employer for your employer's part to fill out and show it as an amended version of your initial application so you can get approval. It is up to you (the burden is on you) to prove you qualify for FMLA leave. Without the paperwork, you stand to be on unapproved leave or stand to only use and use up the allotted sick time given to you for sick dependent and vacation time or paid time off. You want to make sure you are protecting yourself from being terminated.


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