Legal Question in Medical Leave in Florida

FMLA &unemployment

Injured at work. Reached MMi with limitation of no kneeling. My job says I have to take my FMLA leave. I have worked over 1 year with injury for them. I can't afford to take this because husband is unemployed and were behind on bills. I would certainly face eviction with no income and wouldn't be able to provide the basic needs for my children. Do I have to accept this? I have been searching for other employment because I can work. Help could I collect unemployment until I found another job. Can I refuse to take FMLA on the basis of hardship and collect unemployment?


Asked on 2/14/09, 9:26 am

1 Answer from Attorneys
Kelly Papa Law Office of Kelly Papa

Re: FMLA &unemployment

Once you receive MMI, you are at the same position you were before you were injured. You can be fired for any reason. By taking the FMLA, that essentially keeps your job open, giving you a chance to resume your job after those 12 weeks.

Of course, there is nothing to prohibit them from firing you after 12 weeks.

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Answered on 2/14/09, 10:22 am


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