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Transitioning from FMLA back to ESD unemployment benefits - do I just restart weekly claims?

I've been on FMLA leave for about 6 weeks, but before that I was collecting unemployment for a few weeks. When I got approved for FMLA, I stopped filing my weekly unemployment claims since I understood you can't receive both benefits simultaneously. My FMLA is ending next Friday, and I'm still not able to return to work due to my ongoing medical situation. Do I just restart filing my weekly unemployment claims like normal? Will my claim still be active or do I need to file a whole new application? I'm worried about a gap in income and not sure about the correct procedure. Also, do I need to provide any documentation about the FMLA period ending?

Elijah Knight

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You'll need to reopen your claim if it's been more than 4 weeks since you last filed. Go to your eServices account and look for the 'reopen claim' option. Make sure to explain that you were on FMLA when asked why you stopped filing. They might ask for documentation showing your FMLA has ended.

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Sophia Carson

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Thanks! I'm a bit nervous about this. Will they consider this a new claim or will my previous benefit amount still apply? Also, will there be a waiting week again?

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You'll need to reopen your claim, not file a new one. As long as you're still in the same benefit year (usually 12 months from when you first applied), your previous weekly benefit amount should remain the same. However, you might need to provide medical certification that you're able and available for work, since you're coming off FMLA. The "able and available" requirement is a big deal for ESD.

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Jay Lincoln

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this is right!! i had the same thing happen last yr. no waiting week when reopening but u MUST explain the FMLA gap or they'll think u were working and not reporting wages

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Just to clarify some important points: when reopening a claim after FMLA, you need to be prepared to show: 1) Your FMLA period has ended, 2) You're able and available for work, and 3) You're actively seeking work (meeting the 3 job search activities per week requirement). If you have any medical restrictions that limit the type of work you can do, you should document those when you reopen your claim. Also, be aware that if your previous employer contests your eligibility (saying you could return to your previous position), you might face adjudication.

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Sophia Carson

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This is really helpful information, thank you. My doctor actually doesn't want me returning to my previous position due to the physical demands, but I am able to work in other capacities. Should I upload a doctor's note explaining this when I reopen my claim?

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YES upload the doctor's note!!! I was in a similar situation in 2023 and ended up in ADJUDICATION HELL for 8 weeks because I didn't provide enough medical documentation!!! They kept saying I wasn't "able and available" for work because I had restrictions. Make sure your doctor clearly states what type of work you CAN do, not just what you can't do. ESD is really strict about this!!!

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Sophia Carson

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Oh no, that sounds like a nightmare! I'll definitely get detailed documentation from my doctor. Did you eventually get your benefits?

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Yeah I finally got approved and back payments but it took FOREVER and so much stress. Just make sure everything is super clear from the beginning!

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Lily Young

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My brother works at a call center and says if u have fmla u shouldnt be able to get unemployment at all cause ur not able to work? But not sure if thats true

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That's a common misunderstanding. You can't receive FMLA and unemployment simultaneously, which the OP already knew. But once FMLA ends, if you're able and available for some type of work (even with restrictions), you can qualify for unemployment. The key is being medically released to work in some capacity.

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If you're going to reopen your claim, prepare for difficulty reaching ESD if there are any issues. I had to reopen mine last year and got stuck in pending status for weeks because of a system flag. I called literally 30+ times without getting through. Finally used Claimyr (claimyr.com) to get through to an agent and they fixed it in 5 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 - saved me so much frustration. Just be ready with all your FMLA paperwork when you do get through.

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Sophia Carson

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Thanks for the tip! I've had trouble reaching ESD in the past too. I'll check out that service if I run into problems. Hoping for a smooth process but preparing for the worst!

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One more thing to prepare for: when you reopen your claim, ESD will contact your most recent employer to verify your work separation reason. Since you're transitioning from FMLA to unemployment, make sure you're clear about why you can't return to your previous position. If you voluntarily chose not to return without medical necessity, it could potentially disqualify you. But if you have medical documentation showing you cannot return to that specific job but can work elsewhere, you should be covered.

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Sophia Carson

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This is a good point. My employer actually eliminated my position while I was on FMLA (they were going through layoffs). They offered me a different position with significantly reduced hours that I couldn't accept due to my medical restrictions. I should probably document all of this when I reopen the claim, right?

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Absolutely document all of that! That's a completely different scenario and actually strengthens your case for unemployment eligibility. Make sure to upload any documentation showing the elimination of your position and the offered alternative that didn't accommodate your medical needs. This is exactly the kind of detail ESD needs to process your claim correctly.

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Jay Lincoln

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ppl are making this way more complicated then it is lol!! just reopen ur claim, check the box that says u were on medical leave, provide the dates, done! ive done this twice no problems

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It totally depends on your specific situation though. I thought mine would be simple too and ended up in adjudication for weeks because of the details. Better to be over-prepared than stuck with no income!

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