Human Resource Blog

Disability and Unemployment in Indiana

	Attendance Management
Vacation Request / Response Form Weekly Time Sheets Attendance Calendar for 2008, 2009, or 2010 Annual Attendance Tracker Vacation Request Form for 2008, 2009, 2010 (Calendar) Detailed Absence Report

	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

	Hiring and Staffing
Complete Business Forms Kit CD Form I-9 Employment Eligibility Verification Employment Application Long Form Substance Testing Consent Form Pre-Employment Reference and Background Check Employment Offer/Acknowledgment Receipt of Employee Handbook New Hire Survey

An employee in Indiana has cancer, and has been put on inactive status. Would he or she qualify for unemployment benefits? 

In general, people who are too ill to work cannot collect unemployment benefits. That’s because unemployment benefits are designed for individuals who are willing and able to work, and who are actively looking for work.

However, this employee should apply for unemployment, anyway. The worst that can happen is that the employee will be turned down. That’s better than losing benefits that the employee might have been entitled to, if they had only applied.

It’s possible that an employee can be too ill for one type of work, but physically able to handle another type of job. For example, a worker might have an illness that prevents him or her from standing for long periods. If employees in this situation are in the retail industry, or work in a hair salon, as a dentist or in another job where they are on their feet all day, they may need to look for a different type of work.  A job where they sat at a desk most of the day might be ideal. These employees would qualify for unemployment benefits in many states, even if they quit the original job for medical reasons.

If this employee is otherwise able to work, but needs to take frequent time off for doctor’s appointments or to recover from the effects of chemotherapy, he or she should consider taking unpaid time off under FMLA. The Family and Medical Leave Act of 1993, as interpreted by the U.S. Department of Labor, allows a worker to take up to 480 hours of time off during a year to handle a personal medical problem. The time off is unpaid, but it may be used intermittently when needed. The employee’s job is protected while on FMLA leave, but they are not entitled to unemployment benefits.

If the worker is able to work with a reasonable accommodation by the employer, then the employer must make that accommodation under the ADA, the Americans with Disabilities Act of 1990. Some reasonable accommodations might be adjusting the work schedule slightly or providing an ergonomic chair. It is up to the worker to request the accommodations that he or she requires.

However, if the employee’s disability is severe enough that he or she is completely unable to work, then they will probably not qualify for unemployment benefits. Workers who are disabled for 5 months or more often qualify for disability benefits from the Social Security Administration. It’s wise to apply for these benefits as soon as possible, because payments are retroactive to the date the person applied, not the date they became disabled.