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Can I claim TWC benefits for one week due to medical leave before work clearance?

Had the worst timing ever - got rushed to the hospital Monday with appendicitis and had emergency surgery! My boss says I cant come back until I get official medical clearance which my doc wont give until next week's followup. So I'm basically missing an entire week's pay through no fault of my own. Does anyone know if I can file for TWC benefits just for this single week gap? Or is unemployment only for people who are completely laid off? I've never filed before and I'm freaking out about making rent next month if I miss a whole paycheck. My HR dept is being super vague and just says 'explore your options' whatever that means...

Zara Khan

Sorry about your appendicitis! Unfortunately, TWC unemployment isn't designed for short medical leaves. You need to be physically able to work, available for work, and actively searching for work to qualify for unemployment benefits. Since you're still employed and just waiting for medical clearance, you wouldn't qualify under standard TWC rules. Instead, check if your employer offers: 1. Paid sick leave 2. Short-term disability insurance 3. PTO that can be applied retroactively Also, some employers allow coworkers to donate PTO hours in medical situations. Hope you recover quickly!

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Thanks for explaining! Ugh that stinks. We have PTO but I already used most of mine this year when my mom was sick. I didn't know about the work search requirement - that makes sense why it wouldn't apply to my situation. I'll ask about the PTO donation thing, didn't know that existed!

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u might qualify for disability not unemploymint. TWC does both but theyre diffrent systems. my cousin did this when she broke her leg last yr. call them and ask about temp disability

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This is NOT accurate information. Texas does not have a state-run temporary disability program like California or New Jersey. TWC handles unemployment insurance, not disability benefits. Private short-term disability insurance through an employer or purchased individually is the only option in Texas for temporary medical situations. Please be careful about spreading incorrect information that could waste the OP's time when they're already in a difficult situation.

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The same EXACT thing happened to my brother-in-law last year!!! His company made him use all his vacation time first, then put him on unpaid leave for the rest. It's so STUPID how companies treat people when they get sick. The system is totally RIGGED against workers!!! He tried filing for benefits but got denied because technically he still had a job. Hope you feel better soon!

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Thanks for sharing his experience - at least I know I'm not alone in this situation. It really does seem unfair that there's this gap in coverage between sick leave and unemployment. Feeling a bit better physically but the financial stress isn't helping!

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I work in HR (not medical advice). Check your employee handbook immediately - many companies have policies for short-term medical situations that don't involve TWC. Options might include: - Unpaid leave with job protection - Flexible scheduling upon return - Advancement on future PTO - Company hardship fund Also, your employer may allow you to make up hours over the next few pay periods if your role allows for it. Key is to document everything in writing, including your request for accommodation and their responses.

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Thank you! I dug up our handbook and found a section on medical leave that mentions something called 'salary continuation' for up to 2 weeks that might apply to my situation. Going to email HR about it right now with specific references to the policy. Really appreciate the tip!

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When I needed to reach TWC about a similar situation last month, I was getting nothing but busy signals for days. Finally used a service called Claimyr (claimyr.com) and got through to a TWC agent in about 20 minutes. They have a demo video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Agent confirmed I wasn't eligible while still technically employed, but they told me about some other resources I hadn't considered. Might be worth a call just to confirm your specific situation.

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does this actually work?? i tried calling twc like 50 times last week and never got through

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Yes it worked for me. Obviously it can't change the rules of what you qualify for, but at least you can talk to a real person who knows the system instead of guessing.

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I don't mean to hijack your thread, but has anyone else noticed how there's literally ZERO safety net for people in situations like this? Like what are we supposed to do? I lost 3 weeks of pay last year after surgery and nearly got evicted. America is the only developed country without guaranteed sick leave. It's absolutely criminal. Sorry you're dealing with this, OP.

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PREACH!!! 👏👏👏 My aunt in Canada got 15 weeks of paid medical leave when she had the same surgery. Meanwhile we're over here choosing between health and homelessness. System is broken!!!

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Zara Khan

While I understand the frustration, let's try to focus on practical solutions for OP's specific situation with TWC and Texas policies. Political discussions about healthcare systems, while important, might be better suited for another thread.

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To directly answer your question: No, you cannot claim unemployment benefits in this scenario according to TWC guidelines. Unemployment is specifically for individuals who are: 1. Totally or partially unemployed through no fault of their own 2. Physically and mentally able to work 3. Available for work 4. Actively searching for work (minimum 3 work search activities per week in Texas) Since you have an existing job and are simply waiting for medical clearance, you don't meet criteria #3 and #4. Additionally, if you filed, your employer would likely contest it since they consider you still employed. If you're concerned about making rent, consider speaking with your landlord proactively about a payment plan, looking into local emergency assistance programs, or checking if your hospital has financial counselors who can connect you with temporary assistance programs.

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Thank you for the clear explanation. This makes total sense now. I'll definitely look into those emergency assistance options - hadn't even thought about the hospital having financial counselors. Really appreciate the guidance!

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UPDATE: I wanted to thank everyone for the helpful advice! I spoke with my HR department and showed them the handbook section about salary continuation. They're processing it now and said I should be covered for this week at 60% of my normal pay. Not perfect but WAY better than nothing! Also talked to my landlord who said he'd work with me if the payment is a few days late. Sometimes just asking directly for help works better than I expected. Thanks again everyone!

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Zara Khan

That's fantastic news! So glad you found a workable solution. It's always worth checking your company policies carefully - many people don't realize what benefits might already be available to them. Wishing you a speedy recovery!

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nice! glad it worked out for u!

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