Can I file a claim for unemployment while I'm on unpaid leave?

Question

Unemployment benefits help unemployed people to meet their material needs. In the United States , each state administers its own program of unemployment compensation. While the specific rules of each program varies by state, many states do not allow people who enjoy paid leave will not receive unemployment benefits. These workers can file a claim, but may not be eligible for compensation.

Answer 1

Overview unemployment compensation

Most benefit periods last regular state unemployment 26 weeks. Claimants must submit regular claims for benefits each week. The unemployment compensation applicants must meet certain requirements regarding their financial income, the reason for the loss of work and availability for work.

Job separation requirements

To receive unemployment compensation, the workers must be unemployed. Most states require applicants for unemployment lose their jobs through no fault of their own. Usually, those who are fired for poor performance or lack of work qualify for benefits. However, employees dismissed for misconduct generally do not. Those who quit without good cause are not eligible.

Leave without pay

Many companies use the term "unpaid leave" to refer to an absence without pay. The workers a license can be taken without pay to attend to family situations, personal emergencies or medical conditions. During the leave, employees are not paid, but may be eligible to continue receiving health benefits provided by the employer. Most companies allow employees to return to work after the leave ends.

Eligibility for benefits for those on leave without pay

The workers who are on leave without pay remain employees of their companies. Because they are not actually unemployed, most states do not allow these people to receive unemployment benefits. However, in some states, the unemployment department conducts an investigation to determine if an employee on leave without pay is eligible for compensation.