Q) I should be having surgery in the months ahead. I have a job they don’t have medical leave. So I would be off work for 6 weeks no pay. Soon as I’m heeled. I will go rite back to work can I file? I’m a single mother I can’t be off that long with no pay. I’m a hair stylist. So I use my hands ever day. So my dr. Said it needs to be done! Can I get unemployment benefits?
A) You will not be able to claim unemployment benefits for medical leave. According to the Department Of Labor – Currently, there are no federal legal requirements for paid sick leave. For companies subject to the Family and Medical Leave Act (FMLA), the Act does require unpaid sick leave. FMLA provides for up to 12 weeks of unpaid leave for certain medical situations for either the employee or a member of the employee’s immediate family. In many instances paid leave may be substituted for unpaid FMLA leave.
Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles. https://www.dol.gov/general/topic/workhours/sickleave