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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36994
Experience:  30 years in Employment law
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I have an employee who is going to have surgery. Going to be

Customer Question

I have an employee who is going to have surgery. Going to be out about 6 weeks. She has used up accumulated sick leave and vacation. If I put her on leave without pay, can she collect unemployment
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

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.

Expert:  Ray replied 1 year ago.

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:

  • Twelve workweeks of leave in a 12-month period for:
    • the birth of a child and to care for the newborn child within one year of birth;
    • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
    • to care for the employee’s spouse, child, or parent who has a serious health condition;
    • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
    • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

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.

Expert:  Ray replied 1 year ago.
Expert:  Ray replied 1 year ago.

If you can ;eave a positive rating it is always sincerely ***** *****

Expert:  Ray replied 1 year ago.

If you can eave a positive rating it is always sincerely ***** *****