Can I Get Unemployment if I am Out on Disability Leave?

Can I Receive Unemployment Compensation Benefits if I am Out on Sick Leave?

Yes.  However, it may be a somewhat tricky proposition.

You May be Eligible for Unemployment Benefits if You Are Out on FMLA Leave Due to Your Own Medical Condition

Here is the key: 

If you are able to perform some, but not all, all your job duties, and are therefore either placed on leave by your employer or forced to take leave, you may be eligible for Unemployment Benefits provided that you are able and available for suitable work. 

NOTE:  If you are out on leave to care for a loved one who is injured, you may be entitled to UC Benefits. Click Here for more.

I am Out on Pregnancy Leave - Am I Allowed to Get Unemployment Benefits?

Here is a classic (and rather common) example:

If You Are Pregnant, You May be Eligible
 for Unemployment Compensation Benefits

Nurses' Assistant ("NA") who is pregnant has note from doctor saying she cannot engage in heavy lifting, which is about 20% of her job, and therefore needs light duty.  NA gives note to employer. Employer says it does not offer light duty and that NA must go out on FMLA Leave.

NA goes out on FMLA Leave, and files for UC Benefits.

She is likely eligible for UC Benefits because her request for light duty was reasonable and supported by a doctor's note, and she is able to perform a wide variety of jobs for which she is qualified (just not the heavy lifting function).

Disability Leave and Unemployment Compensation Claims Can Go Together

These cases can be very tricky.  However, they are quite winnable.  I suggest, though, that you seek counsel before you actually present your doctor's note to the company.  Companies know how this works, and may try and do an end around to stop you from getting UC Benefits.

If it is too late for such strategizing because you are already in the UC Claims process, then you can certainly still win, but these are among the trickiest UC cases, so you may want to retain an attorney to help you.

Click Here to learn about interplay between FMLA, STD Benefits and Unemployment law.

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination to wage and overtime claims, from discrimination and retaliation laws to Family and Medical Leave, from worker misclassification issues to non-compete agreements…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, Independent Contractor/Self-Employment issues, Referee Hearings, severance issues…

Click Here to e-mail John directly.

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