Liberty, MO asked in Employment Law for Missouri

Q: Can I receive unemployment benefits while on unpaid fmla but can physically work?

I did talk to unemployment when I started to file and they said if I physically could not work I would not qualify but if I physically could then I would qualify but I think my work is trying to fight it now since I asked for an exemption so I don't have to look for a job while on leave.

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1 Lawyer Answer
Robert Grant Pennell
Robert Grant Pennell
  • Manchester, MO
  • Licensed in Missouri

A: You are not entitled to unemployment benefits while on FMLA. The reason being, that you are not unemployed - you are still attached with your employer. Whoever you spoke with at the Missouri Division of Employment Security was wrong or didn’t fully grasp what you were asking.

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