If i am fired from exceeding my medical leave of 12 weeks can I receive unemployment benefits

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If i am fired from exceeding my medical leave of 12 weeks can I receive unemployment benefits

I had surgery on my knee and I still unable to return after six weeks
and need More time to continue with physical therapy and could
possibly be six more plus. I want to know if am fired can I get
unemployment.

Asked on June 21, 2016 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are fired for not returning to work, you will be fired for excessive absenteeism, which qualifies as being fired "for cause." If your employer chooses to contest your benefits and present it that way to the unemployment division, it is likely that you would not receive benefits. That don't have to contest benefits, however; if they do not contest them, you will receive them, even if technically, they could have prevented you from getting benefits if they had so chosen.


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