Category Archives: FMLA Leave

The Family and Medical Leave Act permits employs to take up to 4 weeks of unpaid leave for approved reasons.

Can You Get Unemployment Benefits During FMLA Leave?

Can a person simultaneously be on FMLA leave and claim unemployment? While the answer may seem obvious, the facts of this case muddle the water a little. In a case called Texas Workforce Commission v. Wichita County, Tex. Court of Appeals, 2nd District, December 8, 2016, a woman had rightfully taken Family and Medical Leave Act (FMLA) time off work from her employer, Wichita County in August 2011. Although FMLA leave is unpaid, Wichita continued to pay her health insurance premiums. In September 2011, Wichita County determined it was unable to accommodate her with a different position, at that time but continued to pay her health insurance premiums. In October 2011, the woman applied for employment benefits though the Texas Workforce Commission (TWC). Her employer, Wichita County, opposed the unemployment benefits as she was still technically employed and receiving health insurance. The TWC allowed her claim as she was on…
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