Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. Short term disability is insurance that financially protects your time off from work. However, it is not a legal protection from missing work. The law that protects your right to miss work due to medical issues is called the FMLA
and it only has limited application. It only applies to employers with at least 50 employees. It only applies to employees that have worked at a location for at least a year. It only applies to serious health conditions. Not, migraines have found favor by some courts and disfavor with others, as a basis for receiving FMLA leave, so it's not certain that it would apply. If the FMLA is supposed to apply, and your employer never notified you about it, then you can file a complaint with the Department of Labor
alleging FMLA hindrance and discrimination
. If FMLA was not supposed to apply, the termination
would actually be legal. As for the unemployment
, if you can't work you can't get unemployment. Unemployment is a supplement for individuals that are ready, willing and able to work, and who are actively seeking work. If you were absent from work, that is necessarily evidence that you can't work. If you can work presently, then you can certainly apply and state that you were terminated at no fault of your own. You'd have to medically establish the condition. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.