Can I receive unemployment after being laid off due to a medical leave?

UPDATED: Oct 1, 2022

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Can I receive unemployment after being laid off due to a medical leave?

I was out medical leave for 2 weeks for a hand surgery. When I returned to work my employer laid me off.

Asked on November 21, 2017 under Employment Labor Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you used FMLA leave (see below) or paid time off, like sick days, you had earned, they could not terminate you for being out of work; if they did, it was an improper termination and you should contact the department of labor (if you used FMLA) or a private employment law attorney about suing (if you used PTO).
Unfortunately, the law only lets you miss work for a medical cause if you used FMLA or PTO; there is no general right to miss work for this reason, so if you missed work without using FMLA or PTO, you could be terminated for unauthorized or excessive absences, and of you were. you would bot be eligible foe unemployment: being fired for absences is termination "for cause" which bars unemployment if the employer reports it as such.
To be eligible for FMLA, your employer must have at least 50 employees within a 75-mile radius, you must have worked there a year, and you must have worked at least 1,250 hours in the past 12 months.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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