Can you collect unemployment while out on FMLA for maternity leave?

U can call him Max. Born 6/13/08 asked:

Does anyone know if you can collect unemployment while out on FMLA from work for maternity leave? My company doesnt pay for maternity leave and there is no state disability that is paid out for Florida like there is in some other states. I will only get paid for any accrued vacation, sick and personal time that I have saved up so I am looking into other options.

Thanks for your input.

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10 thoughts on “Can you collect unemployment while out on FMLA for maternity leave?

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    I could be wrong but I believe FMLA only ensures that you have a job to go back to. If your employer doesn’t give maternity leave you may be out of luck. You may want to do an internet search for FMLA regulations in your state.

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    No you can’t because technically you are still employed. Most companies don’t pay for maternity leave, its usually the insurance you have through the company that does.


    I don’t think so because you are technically still an employee of your company, so you are not unemployed. FMLA guarantees your job for that amount of time, meaning you still have a job. Try looking online for work at home jobs, or if your boss can allow you to work from home(not sure what kind of job you have) then you can earn a bit of money that way. Alot of people at my company have kids and they work from home.

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    Unfortunately, that’s how FMLA works… it is ‘unpaid’ leave for time taken off to care for yourself, a newborn/newly adopted child, a spouse or parent. By law, companies can require that you use all remaining vacation, personal or PTO time available to you before you can dip into the unpaid time. The other catch is that some companies run your paid time off concurrently with the FMLA… meaning even though the FMLA allows 12 weeks off… if you have 3 weeks of paid vacation time… you don’t have 3 weeks PLUS the 12 FMLA weeks. It means you have 3 weeks OF the 12 weeks paid. So 3 of the 12 are paid and 9 of the 12 are unpaid. You really need to check your company’s policy. Go see your HR manager.

    Also, very important, FMLA is only granted for 12 weeks… meaning, if you don’t go back at the end of 12 weeks and your company so chooses… you’re out of a job. You must go back at the end of 12 weeks unless you have unused vacation that you can tack on… and you have to have pre-approval from your employer.

    You cannot collect Unemployment because technically you are NOT unemployed. You are temporarily ‘not working’ because of a personal health condition or to care for someone with a health condition. The job is still there for you, it didn’t go away … and but for your inability to work, you would be working.

    That time is not covered by Unemployment. That time off would be covered by your employer’s Short-term or Long-term disabiltiy, if they offered one…and most don’t. Or if you had purchased an independent disability plan such as AFLAC. Unemployment is only an option if you’d been fired or lost the job due to no fault of your own.

    Good luck…

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