When to apply for unemployment after FMLA ends? Employer says no work available

I had a similar situation last year. Tell your friend to apply the day after his FMLA officially ends - not before! ESD will ask for his last day worked, and filing early might confuse things or even get his claim denied. When he applies, he should clearly explain that his employer told him no work was available after FMLA. He'll need to upload any documentation showing this conversation happened. Good luck to your friend! I found calling ESD directly was impossible until I used Claimyr (claimyr.com) - got through to an actual agent in under 30 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Way better than waiting on hold for hours.

Your friend should apply for UI benefits immediately after his FMLA coverage ends. Here's why: he needs to establish his claim as soon as possible since benefits aren't backdated to when he became eligible - only to when he applies. The key points he needs to understand: 1. He must be able and available for work to qualify 2. He should clarify this is a layoff situation (no work available) not a voluntary separation 3. He should keep all documentation showing the employer directed him to file 4. This would be considered a qualifying event since he's being laid off through no fault of his own He'll need his employment history for the past 18 months, including company names, addresses, phone numbers, and employment dates. Make sure he completes all the sections about job search activities once his claim is active - missing those will disqualify him from benefits that week.

im not sure but i think he can apply now?? my cousin did something similar when she had medical leave run out

THE WHOLE SYSTEM IS DESIGNED TO CONFUSE PEOPLE!!! Your friend needs to be super careful or ESD will find ANY reason to deny his claim. I waited until the exact day after my leave ended and STILL got stuck in adjudication for SIX WEEKS!!! They kept saying I "might have quit" when I did exactly what my employer told me to do!! Make sure he gets WRITTEN CONFIRMATION from his employer stating they have no work available - not just a verbal conversation. The unemployment system is broken and they will use any technicality to delay benefits!!

The correct procedure in this situation is for your friend to apply for benefits on the first day he would have returned to work after FMLA expires. This is considered a qualifying separation due to lack of available work, which is one of the standard eligibility situations for UI benefits in Washington. Important advice regarding the application process: 1. When he files, he should indicate his separation reason as "laid off/lack of work" - not voluntary quit or termination 2. ESD will contact the employer to verify the circumstances 3. He should be prepared for possible adjudication if there's any confusion about the nature of his separation 4. His base year calculation (which determines benefit amount) may be affected if his FMLA was unpaid for a significant period 5. He must begin completing 3 job search activities each week once his claim is approved Also, tell him to select direct deposit for faster payment of benefits if approved. The ESD debit card option typically takes longer to receive funds.

To address the question about FMLA affecting benefit calculations: Yes, it can potentially impact the benefit amount. UI benefits are calculated based on the highest-paying quarters during the base year (typically the first 4 of the last 5 completed calendar quarters). If his FMLA was unpaid and falls within those quarters, it could lower his weekly benefit amount. However, ESD does have an alternative base year calculation they can use in some circumstances which might help if his FMLA leave significantly reduced his earnings during the standard base year period.

When I finished my medical leave last year my employer said the same thing! Make sure your friend gets EVERYTHING in writing. My boss told me verbally there was no work, then told ESD I quit voluntarily! I was stuck in adjudication for almost 2 months with no income. So stressful.

just wondering - did his employer specifically tell him there's NO job or just not his original position? cuz that matters with fmla stuff i think

One more important point your friend should be aware of: When an employee's FMLA ends and the employer states they have no work available, this is generally considered a layoff, not a termination for cause or voluntary separation. This distinction is crucial for UI eligibility. Your friend should save any communications (emails, texts) where the employer stated no work was available. If the conversation was verbal, he should follow up with an email summarizing their conversation to create a paper trail. Something like: "As discussed on [date], I understand that when my FMLA leave ends on [date], there will be no position available for me to return to, and you've advised me to apply for unemployment benefits." This documentation will be invaluable if his claim gets flagged for adjudication, which happens frequently with FMLA-to-unemployment transitions.