Can you get Washington ESD unemployment while on FMLA leave?

That's what I was afraid of. So even if my employer terminates me for not returning after FMLA, I still wouldn't qualify if I'm not medically cleared to work?

It's more complicated than that. You'd need to be able to work when you file the claim, but the reason for separation from your job also matters. I'd suggest calling Washington ESD to discuss your specific situation.

That makes sense but it's frustrating since I'm not getting any income during this time. Are there any exceptions to this rule?

Some states have different rules but Washington ESD is pretty strict about the able and available requirement from what I've seen.

What if my employer terminates me while I'm on FMLA? Would that change things?

If you're terminated while on FMLA (and it's not for cause), you might have a case for unemployment once you're medically cleared to return to work. But you'd still need to meet the able and available requirement.

Never heard of Claimyr before - is it legit? Getting through to Washington ESD is such a nightmare.

Yeah it's legitimate, they just help you get through the phone queue faster. Worth it when you have complex questions like FMLA eligibility that need a real person to answer.

FMLA is just job protection, not income replacement. Some employers offer paid family leave but FMLA itself is unpaid.

Oh wow I had no idea. That's rough having no income during medical leave.

I agree it's frustrating but that's what disability benefits are supposed to cover, not unemployment.

Disability takes forever to get approved and most people don't qualify anyway. The system leaves people with no options.

I looked into that but I don't think I qualify because I haven't worked enough hours or something. The requirements seemed really specific.

The requirements are different from unemployment but worth double-checking. You need 820 hours in the qualifying period I think.

Did you have to wait until you were completely cleared, or could you file if you were cleared for light duty work?

You need to be able to perform suitable work. Light duty restrictions might be okay depending on what jobs are available in your field, but Washington ESD will evaluate that during the eligibility determination process.

This is confusing. I thought if your employer fires you while you're on FMLA that's illegal?

How much does something like that cost? I'm already struggling financially.

It's worth checking out their site for details. For me, the peace of mind of actually talking to someone who could answer my specific questions about medical leave and unemployment was invaluable.

FMLA protects your job for up to 12 weeks, but after that protection ends, employers can terminate you if you can't return to work. It's not unlimited job protection.

Oh wow, I didn't know there was a time limit. That's really stressful.

I know, right? It feels like you're stuck between a rock and a hard place.

The system is designed around the principle that unemployment benefits are for people who are ready to work but can't find jobs. There are other programs for people who can't work due to disability.

So even once I'm cleared to work, the reason I was terminated could still affect my claim?

Potentially yes. Washington ESD looks at the circumstances of your separation. Being terminated for inability to work due to medical reasons is different from being laid off or terminated for misconduct.

How did you manage financially during that time? This is really stressing me out.

Honestly it was really tough. Had to use savings and borrow from family. The system really doesn't help people in these situations.

Same situation here - used up all my savings during unpaid FMLA. It's like being punished for having a family emergency.

I haven't looked into that yet. Is that through Washington ESD too or a different agency?

Washington doesn't have a state disability program like some other states do. You'd need to check if you have private disability insurance through your employer or if you qualify for federal disability benefits.

Is there any situation where someone on FMLA could qualify for unemployment?

Only if they were terminated while on FMLA AND became able and available for work afterward. But they'd need medical clearance to return to work first.

I know! It's so stressful not knowing what's going to happen.

The most important thing is to stay in communication with both your employer and your healthcare provider. Document everything.

Easy to say when you make enough money to save. Some people live paycheck to paycheck and can't build emergency funds.

I understand it's difficult but even saving $20 a month adds up over time. Financial planning is important for everyone.

I'll have to check my benefits package. I honestly never paid attention to that stuff when I started.

A lot of people don't realize what benefits they have until they need them. HR should be able to explain your options.

I might have to try that. The uncertainty is killing me and I need to know what my options are.

Did you appeal the denial or just accept it?

I appealed but lost because I couldn't prove I was able to work while dealing with my medical condition. It's a catch-22 situation.

What kind of documentation do they typically want?

Usually a doctor's note stating you're cleared to return to work without restrictions, or with specific limitations if relevant.

But what if there's a gap between when I'm terminated and when I'm cleared to work? Do I lose benefit time?

You can backdate your claim in some circumstances, but there are limits. This is definitely something you'd want to discuss with Washington ESD directly.

How did the appeal go? Was it hard to get approved?

It took a while but I eventually got approved once I could show I was capable of performing suitable work. The key was having clear documentation from my doctor about what I could and couldn't do.

That's why I ended up using Claimyr - at least then I could get clear answers about my specific situation instead of trying to figure it out from generic information online.

Was it expensive? I'm already stressed about money and don't want to spend more if I don't have to.

It was worth it for me to get actual answers instead of guessing. Check out their site at claimyr.com if you want to see what they offer.

My HR department explained it but honestly I'm still confused about all the details.

Yeah, it's complicated. The main thing is that FMLA gives you job protection for 12 weeks, but after that you're at the mercy of your employer's policies.

Good advice. I've been keeping some records but I should probably be more systematic about it.

Definitely. And if you do get terminated, make sure you understand exactly what reason they're giving. That will matter for your unemployment claim.

My employer definitely said it's unpaid FMLA, not their paid leave program.

Then yeah, unemployment won't be an option while you're on that leave unfortunately.

Agreed but that's not really helpful for OP's immediate situation.

True, just venting about how broken the system is for working families.

My employer seems supportive so far, but good to know in case things change.

Yeah, hopefully it doesn't come to that but FMLA violations do happen and can complicate the unemployment picture.

Thanks everyone for the responses. Sounds like I need to focus on other options instead of unemployment.

Sorry it's not better news, but at least now you know where to focus your energy. Good luck with everything.

How does Claimyr work exactly? Do they just help you get through the phone queue?

Basically yeah, they handle the calling and waiting so you don't have to sit on hold for hours. Check out their demo video to see how it works: https://youtu.be/7DieNd3C7zQ

Thank you, I really appreciate the support. This thread has been really helpful even though the news isn't what I hoped for.

Absolutely. And seriously consider using Claimyr to get through to them - it'll save you hours of frustration trying to get connected on your own.

I'm definitely going to look into that. This is too important to leave to chance.

I went through something similar last year when I was on FMLA for my daughter's surgery. The waiting and uncertainty about what comes next is really stressful. Just make sure you get everything in writing from both your doctor and employer - those records will be crucial if you do end up needing to file for unemployment later once you're cleared to work again.

This whole situation sounds really overwhelming. I'm new to this community but dealing with something similar - my partner is on FMLA right now and we're worried about what happens if their leave gets extended. Reading through all these responses has been eye-opening about how strict the "able and available" requirement really is. It seems like the system really puts people in impossible situations when they're dealing with medical issues but still need income. I hope you're able to get some clear answers when you contact Washington ESD directly.