Question about STD/unemployment

sadiwest

I also posted on NJ board but it doesn't seem as active, so I'm hoping someone here knows.... 

I'm still on STD after a c/s on March 31st. I think, technically, the STD would end (unless dr says otherwise) at the 8 week mark. However, it's looking like I may not have a job to go back to then...

So my question is if I find out I don't have a job while I'm on STD, do I need to (or, am I supposed to) wait until STD is over THEN file unemployment or file unemployment right away?

CalMum_Momma

I live in NY, so I don't know if it's different, but you should wait until STD is over. I have been unemployed for almost a year. Unfortunately I was denied STD, because my employment terminated more than 26 weeks prior to becoming disabled, but I did have to stop collecting UE benefits until I was cleared as being "medically able to return to work" this past week. To collect UE benefits you have to be "ready, willing and able to work". If you are collecting STD, then you are not. When you have clearance to work from your OB, then file for UE.

sbevmc09

Each State is different, but I'm familiar with Ohio. 

If you work at a company with more than 50 employees at your location then your job is protected under FMLA.  If you file the forms properly (which I'm guessing is what you're referring to as STD?) then your job is protected for up to 12 weeks for the birth of a child.  This doesn't guarentee any pay, that is determined by your individual company, but it just ensures that you have a job to return to after 12 weeks.

If you find out that you were laid off while you are on leave then you can file for unemployment benefits, but you will likely not be entitled to collect any UC bens until you are released to return to work by a doctor.  I would advise you to file for UC as soon as your find out your job has been terminated and then the State will determine when you are actually eligible to begin collecting benefits.

In order to qualify for benefits (in Ohio) you have to have 26 weeks of employment during (roughly) the last year.  I'm not sure about the specific requirements in your State, but if you are questioning whether you have enough employment to qualify then a simple search of your State's job and family services website will probably be able to answer your questions. 

I hope this helps!  GL!

sbevmc09

Also, if you are ready to return to work and have been released by a doctor to do so, but your employer says they don't have work for you right now you should definitely file for UC bens.  That's what employer's pay into it for!

D.Smith

i agree