Legal Question in Medical Leave in Wisconsin

Not eligible for FMLA, if I'm fired will I get unemployment?

I have recently switched employers, amd am 2 1/2 months pregnant. I have researched the FMLA only to find out that you are only eligible for time off if you have worked for the company for 12 months or 1250 hours. This is also what my companies policy states. If you have not they are not required to grant you any time off and do not have to hold your job. I will not be eligible for time off. So, my question is can they fire me because I will be needing time off and am not eligible? And if they fire me because of that will I be eligible for unemployment? Thank you!


Asked on 3/16/06, 1:01 pm

1 Answer from Attorneys
Nilesh Patel Mahadev Law Group, LLC

Re: Not eligible for FMLA, if I'm fired will I get unemployment?

If you aren't eligible for FMLA, the employer would be within legal rights to terminate you. However, you should get unemployment unless your termination is for misconduct - I really doubt getting fired for time off after having a baby qualifies as misconduct.

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Answered on 3/16/06, 2:52 pm


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