Employment Law Questions? Ask an Employment Lawyer.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
No she can be put on FMLA here and that's unpaid leave.She is still an employee and she is not unemployed but on unpaid leave.She cannot receive UI benefits for this reason and also because she is unable to work.She can take unpaid FMLA but she does not get UI benefits here in New Mexico.Thats the employees only option here FMLA if you approve it.Again no UI benefits here for her.
I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver.
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