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Can I file unemployment for the weeks off work due to surgery?

Unemployment-QuestionQ) I moved to Georgia from Michigan May 2014. I have been working in Georgia since July and I know have a medical condition that mat result in me having to get a hysterectomy. My question is can I file unemployment for the 6 to 8 weeks I would to be off from work? Also prior to moving to Georgia I worked for 18 years and never filed before.

A) You are generally not entitled to unemployment Insurance benefits for being off work due to illness or surgery.

You are always entitled to apply for unemployment benefits if you have lost your job. However keep in mind that The general requirement for unemployment insurance benefits is:

Have received enough wages during the base period to establish a claim.
Be totally or partially unemployed.
Be unemployed through no fault of his/her own.
Be physically able to work.
Be available for work which means to be ready and willing to immediately accept work.
Be actively looking for work.
Meet eligibility requirements each week benefits are claimed.
Be approved for training before training benefits can be paid.

2 Responses to Can I file unemployment for the weeks off work due to surgery?

  1. You will not be able to claim unemployment benefits for medical leave. According to the Department Of Labor – Currently, there are no federal legal requirements for paid sick leave. For companies subject to the Family and Medical Leave Act (FMLA), the Act does require unpaid sick leave. FMLA provides for up to 12 weeks of unpaid leave for certain medical situations for either the employee or a member of the employee’s immediate family. In many instances paid leave may be substituted for unpaid FMLA leave.

    Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.