Overseas Maternity Leave

Beverly

We have an employee who is working for us on an overseas assignment (Iraq) and who will be going on maternity leave soon. The employee is trying to decide whether to return to the states for her maternity leave or to remain overseas. Question: Can the employee draw unemployment compensation while on a maternity leave particularly since she is working for us on an overseas assignment? Do you have to be in the states in order to draw unemployment and do you have to apply for unemployment compensation in person?

Peyton Irby MS

mississippi unemployment requires the employee to be unemployed through no fault of their own AND available and able to work. pregnancy leave is not a qualifying event for UE eligibility.
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 02-11-04 AT 01:14PM (CST)[/font][br][br]Beverly: No matter where she lives, works or takes her leave, she cannot draw Mississippi UI if she is on medical leave. Most, if not all states, require that the individual be, among other things, able and available for work. For additional information in Jackson, dial 961-7923. That's the number for the Unemployment Insurance office manager in your city.

(edit)In answer to the other part of your question; at this time in MS, a person does have to present themselves in person at any claims point. They are working now on a computerized system that will allow 'continued' claims to be filed weekly from home; but the initial claim must be filed at a claims point. That same number will give you a list of claims points throughout the state.

Whatever

Wouldn't she be entitled to disability for part of the leave?