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I live in south carolina and have been on a job for 10

Customer Question
I live in south...

I live in south carolina and have been on a job for 10 years. I want to leave my job and move 150 miles away to provide care morning and night for my elderly mother who has copd and congestive heart failure. If I get on FMLA can I draw unemployment as long as I am able and searching for work

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

South carolina

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

No contract ,not union ,full time . SC is a right to work state

Submitted: 10 months ago.Category: Employment Law
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Answered in 4 minutes by:
9/30/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 10 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,624
Experience: Employment/Labor Law Litigation
Verified

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.

Unfortunately no, FMLA and unemployment are incompatible. When you are on FMLA, you are employed by that particular employer and your ability to work for that employer is fundamentally hindered by your FMLA use. The only way to be employed by an employer and claim unemployment is if they are the cause of your not having work because they send you home (as they have a lack of work).

On the other hand, if you quit your job that too would be incompatible with unemployment because quitting a job is a disqualification.

Regrettably, unemployment is not intended to be used in this way. You can use FMLA and trade in your vacation until it is used up, but you cannot file for unemployment and be successful while you are still employed by this employer.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 10 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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