Is it possible to go on FMLA after being laid off (but still on website time)? I was laid off and have since been dealing with deep depression that has been affecting my ability to apply for new jobs and network. Any chance my firm will let me go on (unpaid obviously) FMLA? My main concern is staying on the website while I work diligently on my mental health and looking for a new role.

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As an employment lawyer, FMLA no longer applies as you no longer have an expectation of employment. There’s no job to protect. Ask for more website time. That’s what I did and it worked.

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You could also see if you can get more website time otherwise while you look

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Are you technically terminated already? If so, idk how FMLA is even possible since you’re not technically their employee anymore. If you are still an employee but you already have a “last day,” I don’t think FMLA can apply because that’s about preserving your job for when you return from leave and they’ve already told you they have no job for you after X date. They would probably also have to extend your medical coverage/other benefits. I say just ask for more website time.

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