Legal Question in Medical Leave in Pennsylvania

Re: Unemployment on the Family Leave Act

You asked about collecting unemployment, "welfare" or disability when on leave.

Each program has its own qualifications and you should speak with an attorney AND a social worker regarding available programs.

Unemployment is usually available for people who are unemployed through no fault of their own and who are available and willing to work. Your disability suggests that this might not apply. State cash, medical and food stamp assistance programs are available for persons who cannot work based on short term disabilities or for other reasons. The benefits here are meager and will not generally support anything but the most basic needs. Social security disability (SSI or SSDI) is often more substantial but is not a replacement for a paycheck. Depending on your particular circumstances SSDI may provide a decent benefit or none at all. In order to collect SSI or SSDI you must be disabled and unable to work for at least a full year.

You should examine whether you are covered by short or long term disability insurance through work. You should also consider whether work caused or contributed to your condition. There may be a claim for workmans compensation or a direct complaint against an employer.

Again, you need to speak with an attorney and likely a social worker as soon as possible. You have rights and leave under the FMLA is not a substantial guarantee that you are protected for any purpose.

Regards,

Roger

Re: Unemployment on the Family Leave Act

Good idea to plan before you do it.

FMLA won't help you here, because you're going to be unemployed not on true leave.