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Felix Grigori

Can you collect unemployment while on unpaid medical leave Washington ESD?

My employer put me on unpaid FMLA leave for a surgery recovery and I'm wondering if I can file for Washington ESD unemployment benefits during this time? I'm not getting any pay from work but I'm also not technically laid off or fired. The leave is supposed to last 8-12 weeks and I really need some income to cover my bills. Has anyone been through this situation before? Do I qualify for UI benefits while on medical leave?

Generally no, you can't collect unemployment while on approved medical leave because you're not available for work, which is a requirement for UI benefits.

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That's what I was afraid of. So even though I'm not getting paid, Washington ESD won't approve benefits?

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Correct. The key requirement is being able and available to work immediately. Medical leave typically means you can't meet that requirement.

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You might want to check if your employer offers short-term disability benefits instead. That's usually what covers medical leave situations.

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I looked into that but my company doesn't offer STD benefits unfortunately. Just unpaid FMLA.

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Some people don't realize Washington State has paid family and medical leave now. Look into WA Cares Act benefits.

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Oh really? I haven't heard of that. Is that through Washington ESD too?

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I went through this exact situation last year. You can't get regular UI while on medical leave, but there are some exceptions if your doctor clears you to return to work early and your employer won't let you back.

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That's interesting. So if I get medical clearance before my leave ends but they won't take me back, then I could file?

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Exactly. At that point you'd be able and available for work but your employer is the one preventing you from working.

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I had a nightmare trying to reach Washington ESD about this same question. Spent hours on hold just to get disconnected. Finally used Claimyr.com and got through to an agent in like 10 minutes. They have this video demo thing that shows exactly how it works: https://youtu.be/7DieNd3C7zQ. The agent confirmed that medical leave disqualifies you from regular UI but explained all the other options.

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Thanks for the tip! I've been dreading trying to call them. Did they charge you a lot for that service?

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It was worth it to actually talk to someone who knew what they were talking about instead of wasting my whole day calling.

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Never heard of that service but anything to avoid the Washington ESD phone maze sounds good to me.

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Wait, I thought if you're not working and not getting paid you automatically qualify for unemployment? This is confusing.

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No, there are specific eligibility requirements. You have to be unemployed through no fault of your own AND able and available for work.

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So being on medical leave counts as your own fault somehow?

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It's not about fault, it's about availability. If you're medically unable to work, you don't meet the 'available for work' requirement.

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The Washington State Paid Family and Medical Leave program is separate from unemployment. You pay premiums for it through payroll deductions and it covers situations like this. Check the WA Cares website.

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I'll definitely look into that. Do you know if there's a waiting period or if I can apply right away?

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I think you need to have paid into it for a certain amount of time first, but I'm not 100% sure on the details.

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This whole system is so confusing. When I was laid off it took me 3 weeks just to figure out how to file a claim properly.

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The Washington ESD website has gotten better but it's still not the most user-friendly system.

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Better than what it used to be I guess, but that's not saying much lol

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I'm a benefits coordinator and deal with this question a lot. Medical leave and unemployment don't mix unless there are very specific circumstances. Your best bet is probably the state's paid family leave program if you've been paying into it.

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Thank you! That's really helpful to hear from someone who deals with this professionally.

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What are those specific circumstances you mentioned? Asking for a friend who might be in a similar situation.

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Usually when someone is cleared to return to work but the employer refuses to reinstate them, or if the leave was actually a disguised termination.

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Check with your HR department about state disability benefits too. Some companies automatically enroll you in programs you might not know about.

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Good idea. I'll ask them about any benefits I might have missed.

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UGH the whole unemployment system is such a pain. Why can't they just make it simple - no work = benefits. Instead we get all these crazy rules and exceptions.

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The rules exist to prevent fraud and ensure benefits go to people who are genuinely looking for work.

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I get that but it shouldn't be this complicated for honest people who need help.

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Agreed, the system could definitely be more user-friendly while still preventing abuse.

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My cousin tried to get unemployment while on maternity leave and they denied her. She ended up having to go back to work earlier than planned because of the financial pressure.

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That's exactly what the paid family leave program is supposed to prevent. Too bad more people don't know about it.

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That's terrible. I really hope I can find some kind of assistance because going back too early could set back my recovery.

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If your employer is being difficult about anything related to your leave, document everything. Sometimes what they call 'medical leave' is actually them trying to get rid of you.

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I don't think that's the case here, but good advice to keep in mind.

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Better safe than sorry. I've seen too many people get screwed over by employers who use medical issues as an excuse.

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Another option is to see if you qualify for any emergency assistance programs while you're on leave. Food banks, utility assistance, that kind of thing.

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That's not a bad idea. Every little bit helps when you're not getting a paycheck.

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211 is a good resource for finding local assistance programs. Just dial 2-1-1.

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I tried calling Washington ESD about a similar question last month and gave up after being on hold for 2 hours. Might try that Claimyr thing someone mentioned earlier.

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Definitely worth it. I was skeptical at first but it actually worked. Got answers to questions I'd been wondering about for weeks.

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Cool, I'll check out their video demo thing first to see how it works.

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Make sure you understand exactly what type of leave you're on. FMLA, disability, personal leave - they all have different implications for benefits eligibility.

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It's definitely FMLA. HR was very clear about that when they approved it.

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Good. That at least protects your job, even if it doesn't help with income replacement.

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Sorry you're dealing with this. Medical issues are stressful enough without having to worry about money too.

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Thanks. Yeah, it's definitely adding to the stress when I should be focusing on recovery.

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One more thing - if your medical condition ends up being considered a disability, there might be other benefit programs available through Social Security or the state.

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Hopefully it doesn't come to that, but good to know there are options if needed.

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Even temporary disability benefits can help bridge the gap during recovery.

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Bottom line - talk to someone at Washington ESD directly to get official guidance for your specific situation. Don't rely on what worked for other people because everyone's circumstances are different.

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You're absolutely right. I need to get official answers, not just advice from forums.

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That's exactly why I used Claimyr - needed to talk to an actual Washington ESD agent who could give me definitive answers about my situation.

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Smart approach. Better to get it right the first time than have to deal with overpayments or other issues later.

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Hope everything works out with your recovery and that you find some financial assistance during your leave. Keep us posted!

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Thank you everyone for all the helpful advice. I'll start by looking into the paid family leave program and then contact Washington ESD if I need more specific guidance.

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