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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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an employee on a leave of absence is filing for unemployme

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an employee on a leave of absence is filing for unemployment

Thank you for contacting us.

Was the employee placed on leave of absence by the employer, or did the employee request a leave of absence for him/herself?
Customer: replied 3 years ago.

Employee requested and presented a letter from a doctor

Patient is unable to return to work until 8/5/2013

Patient is placed on LOA for her medical condition and further testing and treatment.

Next appointment 7/30/2013

Thank you for your response.

Under these circumstances, the employee is not entitled to unemployment, as the leave is voluntarily taken/requested time off by the employee. Unemployment is only available where the employer has caused the employee to be on leave for reasons unrelated to the employee's job performance.

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TexLaw and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Should I consider her actions a a resignation and accepted as such. I am unfamiliar with Leave of absences, and was under the impression that while on a leave you could not be fired, she was not but is claiming to have been. There are many witnesses to confirm the employee was not fired by us

Whether or not she can be terminated depends on whether or not she is covered by a statute providing for protection.

Was she injured at work?

How long has she been an employee and how many employees are there in total for the business?
Customer: replied 3 years ago.

No injuries


She has been employed for 1 1/2 years


Total employees 9

The Family Medical Leave Act, which requires employers to hold an employees job for 12 weeks so that the employee may take medical leave, does not apply to employers in Arizona with less than 50 employees.

Thus, by law, you are free to terminate her as long as she does not have a written employment contract with you that provides that she may take this type of leave and have her job reserved.

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