Overview

• The state-federal Unemployment Insurance program was established as part of the Social Security Act of 1935. Although the federal Employment and Training Administration within the U.S. Department of Labor establishes guidelines for funding and benefits, each state is responsible for setting its own laws governing the eligibility requirements for qualifying for unemployment insurance benefits.
  
  

State Laws

• State laws may vary as to what applicants must prove to become eligible for unemployment insurance benefits. States usually use similar definitions as to what constitutes "able to work" for unemployment benefit eligibility purposes. As noted by the Legal Aid Society's Employment Law Center, you're able to work if you're both physically and emotionally capable of performing work in your normal profession or line of work — your normal profession is the occupation in which you're trained to work. If you're unable to work due to a temporary disability or sickness, your state's unemployment insurance agency may determine that you're ineligible to receive unemployment benefits while you're recuperating.
  
  

Reasonable Accommodations

• If you can work in your usual occupation but need reasonable accommodations to perform your job duties, you may be eligible for unemployment insurance benefits. Although the federal Equal Employment Opportunity Commission covers reasonable accommodations for permanently disabled employees, you may be eligible for temporary accommodations if your state provides a special disability law affecting temporarily disabled employees.
  
  

Illegal Job Terminations

• If your employer terminated you because you were unable to work during a qualified medical emergency pursuant to federal law, your employer's subsequent termination may have been illegal. According to the Family and Medical Leave Act, your employer must restore you to your original or similar job position after you return from your qualified absence. If your employer terminated you during your qualified leave, you may have a legal basis for unlawful termination.
  
  

Individual Options

• State unemployment agencies review applications on a case-by-case basis. You may always apply for unemployment benefits if you're recovering from an illness; if your state denies unemployment benefits for certain weeks, you may be able to reapply once you've fully recovered from your sickness or medical disability. Furthermore, if you live in a state such as California, you may qualify for temporary family-care benefits, even if you don't qualify for unemployment insurance benefits.