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Generally no, you are not eligible for unemployment benefits if you take medical leave under the Family and Medical Leave Act and you cannot work.
Your benefits payment is based on your individual average weekly wage, the state average weekly wage for Massachusetts workers, and the type of leave you are taking. The maximum weekly benefit is $1,084.31.
Claimants who are on a leave of absence granted at their request will be considered not in unemployment and therefore ineligible for UI benefits during the period of their leave.
FMLA provides up to 12 weeks of job-protected, unpaid leave in a calendar year for family or medical reasons, or up to 26 weeks of job-protected, unpaid leave in a calendar year to care for a family member in the armed services. Employers are not required to pay employees taking FMLA leave.
MA Paid Family & Medical Leave Benefit Amounts 80% of the portion of the employee's average weekly wage that is equal to or less than 50% of the State average weekly wage (SAWW); Plus 50% of the portion of the employee's average weekly wage that is more than 50% of the SAWW; Capped at the Maximum Weekly Benefit.
You may not be eligible for Unemployment Insurance (UI) benefits if your only source of employment is from working as: An employee of a non-profit or religious organization. A worker trainee in a program run by a nonprofit or public institution. A real estate broker or insurance agent who work only on commission.
The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period.
Weekly Benefit Calculation: 80% of the portion of the employee's average weekly wage that is equal to or less than 50% of the State average weekly wage (SAWW); Plus 50% of the portion of the employee's average weekly wage that is more than 50% of the SAWW; Capped at the Maximum Weekly Benefit.
If you quit your job because of domestic violence, or for other personal reasons that are urgent and compelling and made it necessary to quit, you will remain eligible for benefits.
Employer Responsibilities To calculate their total contribution, Massachusetts employers should first determine their average annual workforce. There are no contributions to collect or make under FMLA, since it is not a paid benefit.