California UI after SDI is exhausted
(San Diego, Ca)
I am at 50 weeks of SDI benefits used following rotator cuff surgery. I will be seeing my doctor in two weeks and feel I am ready to go back to work. However, I was terminated after my 12 week FMLA protection expired. I called the SDI division of California's EDD program today to inquire about eligibility for UI as I don't have a job to go back to but am ready and able to work pending my doctor's release. They could not tell me if I would be eligible and advised me NOT to call the UI division as this would probably halt my SDI benefits. He stressed that just by inquiring I would jeopardize my benefits. So I found your site, but nothing that really addresses my situation. What I need to know is, first, will I be eligible for UI and secondly, what will they use as a base period for a claim? Also, I was told by my employer's HR when I was terminated that I should apply for UI at that time. This seemed odd as I was collecting SDI at the time but figured it's California... the UI was approved, then I got a letter saying that I was not eligible so I never collected any UI, which seems like the correct way it should work. I'm just trying to plan ahead and would like to hear from someone who has had a similar experience or if there are certain hoops I need to jump through. Thanks.
Let me know if I've assumed anything incorrectly.
When you use SDI, do you mean short term disability insurance through your past employer?
I ask because CA is one of 6 .. maybe seven states
that have some kind of law that either requires a person out on disability to have some kind of wage replacement.
California actually has temporary disability unemployment and taxes to fund this program are collected from employees, but I thought the duration of that type of benefit was only 12 weeks, to cover FMLA leaves not covered by STD insurance.
I'll assume your disability payment are from some STD policy your employer carried.
I have no idea why "just inquiring" would be bad. I mean, how else do you find out stuff, nonetheless, it wouldn't do any good to file another claim or more likely try to lift the A&A (ability and availability for work) disqualification on the claim you were denied for.
You will have to let me know if I assumed the reason for disqualification incorrectly.
But the HR person was right. You needed to file that claim then because I suspect you weren't certain how long it would take to be released back to work and it sounds like they were helping you because California does not have what is called an extended base period which basically lets the state use some very old wages to qualify you monetarily.
So, what I really want to know right now .. is this.
Why were you denied unemployment when you filed for it .. was it 38 weeks ago?
And did I misinterpret what type of short term disability payments you are receiving?
And, on what date did the employer terminate your employment and what date did your UI claim start. It's the BYB date.