Search This Site.

I have been out on State disibility in California and am ready to go back to work and my employer doesnt have any work for me can I collect unemployment benifits?

by JULIE
(KELSEYVILLE,CALIFORNIA)

I AM JUST GETTING OFF STATE DISABILITY AND MY EMPLOYER HAD TO HIRE SOMEONE ELSE FOR MY POSITION. MY EMPLOYER STATED TO ME THAT SHE WOULD TRY AND FIND SOMETHING FOR ME BUT IT WOULD ONLY BE A FEW HRS. A DAY. I USED TO BE A SUPERVISOR MAKING GREAT MONEY AND WORKING 40 TO 50 HRS. A WEEK. WILL I BE ABLE TO COLLECT UNEMPLOYMENT BENEFITS?






Hi Julie,

I would think so.

But, I'm also wondering how long you've been out and whether you have been on FMLA while collecting CA State Disability and if you have whether it was exhausted.

Chris

Comments for I have been out on State disibility in California and am ready to go back to work and my employer doesnt have any work for me can I collect unemployment benifits?

Average Rating starstarstarstarstar

Click here to add your own comments

Jun 07, 2017
Rating
starstarstarstarstar
To CA UNEMPLOYMENT
by: Chris - Unemployment-Tips.com

Had you been collecting California TDI benefits?

If so, that's one reason I'm not exactly sure how to answer you, but only because you're located in California.

Normally, when a person in most other states, gets released to work by their doctor, but with some restrictions requiring an accommodation from an employer, and an employer just can't, or refuses to accommodate for the restriction, it would basically become a valid lack of work claim, until at which point the employee is allowed by their physician to go back to work without restrictions .. or they find another job.

However, that your employer fired you instead of accommodating whatever the restriction was, I'm not sure if you would just continue collecting TDI benefits, or if because you are able to work, even with restriction due to some health reason if you would have to apply for regular EDD UI benefits now .. or continue with the TDI benefits.

Either way, you should be eligible now and not have to wait until September.

If the employer were to raise an issue with you being allowed to collect for a discharge for something other than work misconduct .. I suspect it could only be on the basis you're not able and available.

You should read at least this section of the UIBDG.

Chris

Jun 07, 2017
Rating
starstarstarstarstar
CA UNEMPLOYMENT
by: Anonymous

I have been out of work in California. I was set to come back to work 6/5/17 but my employer informed me that they could not accommodate my restrictions so they were going to terminate me effective 6/7/17. Can I get unemployment benefits when I'm able to work with no restrictions? I will be released to full duty 9/5/17. I have been off since 9/23/16 I had foot problems and ended up having surgery. It's been almost a year off work but I would have returned on 6/5 but the employer would not let me, I'm panicking now.. should I go a beg my doctor to release me? Any help would be appreciated...

May 05, 2016
Rating
starstarstarstarstar
SD TO NO JOB?
by: MARILYN

I BROKE MY LEG ANG ANKLE AT CHRISTMAS, AND WAS PLACED IN A BOOT WITH NO WEIGHT FOR 3MONTHS AND REHAB FOR 1.5 MONTHS. I'M A DENTAL HYGIENTIST AND THE DENTIST TOLD ME TODAY HE GAVE MY JOB TO ANOTHER HYGIENTIST IN JANUARY, IS HE ALLOWED TO DO THAT?

Sep 12, 2015
Rating
starstarstarstarstar
To: RW - exhausted state disability, need UI
by: Chris - Unemployment-Tips.com

Maybe, you wouldn't mind telling me the reason the state gave for your denial of regular unemployment benefits?? Since that would help me see the the issue of appeal .. instead of guessin' by gollyin' and assuming wrongly, why the state denied .. which in fact might be something as simple to overcome with medical documentation advising you not to return to your last job .. to lift a denial on grounds of your ability and availability to work.

Sep 12, 2015
Rating
starstarstarstarstar
exhausted state disability, need UI
by: RW

As was asked by other posters, I have been out on STD but now need unemployment as returning to my previous job would risk my disability returning.
Too much stress at that job. I applied and was denied. I have an appeal hearing. What documentation should I bring? My skill set is social work but I cannot emotionally return to that field. What should I do?






Apr 23, 2014
Rating
starstarstarstarstar
unemployment to disability and back
by: Anonymous

I am at the 25th week on unemployment my Dr just put me on state disability I've been really sick he said It could be a few months befor he releases me.. Can I go back on unemployment if I only have one more week of unemployment and or extentions if they become available so I can loom for work.?



Seems to me, you would have one week of regular benefits left to collect if your BYE date hasn't already passed by the time your doctor releases you to work.

A renewed extension is not something I would personally be counting on as a means of support while looking for another job.

But you can always get active and urge your representative in the House to vote.

http://unemployedworkers.org/sites/unemployedworkers/index.php/site/blog_entry/senate_passes_renewal_of_federal_jobless_aid_-_call_your_representative_in_

Dec 28, 2012
Rating
starstarstarstarstar
company deleted my position while ive been disabled
by: Anonymous

I've been off work since may 16 2012 , and ready to go to work . Can i collect unemployment until i find work?





If you have enough wages in one of the two base periods California uses to determine if you have qualifying wages to collect .. yes, you should be able to collect unemployment benefits.

Chris

Mar 06, 2012
Rating
starstarstarstarstar
Can you expand on this
by: Anonymous

Can you please explain what you mean by:

"but since it is of a personal and compelling issue, I THINK the determination would also be of a general finding."

Thanks


Quitting for health reasons in California.

I hope I don't have to explain that the information at the link above is a conceptual argument for good cause to quit and then connect the dots.

Mar 06, 2012
Rating
starstarstarstarstar
Don't want to return after disability
by: Anonymous

I left on disability, was terminated after a few months. My employer said they were unable to hold my position but to please contact them when I am ready to return and they will see if they have anything for me.

I do not want to return and quite honestly this job broke me emotionally. My therapist has written me a letter stating it would be detrimental to my mental health to return.

Can I be denied unemployment if I don't contact them? Will they (EDD) disclose to my previous employer the reasons of my medical leave (mental health?) Right now my employer only knows it was medical leave, I did not disclose the details to them.

This is a small business with an unethical boss, I worry he would disclose my reason for medical leave if EDD tells them.

Please help.




Now this is an unusual question.

One I don't really know the answer too, but suspect would have something to do with HIPAA rules.

What I think about getting regular unemployment benefits though is that typically, an employer or their CCC (cost control company) could protest saying that you were told at the time of termination to reapply for suitable work and in failing to do so you've basically "refused suitable work". However, I think the time when the employer could find out about the cause of your refusal to seek another job with them would come out at an appeal hearing.

Your letter from your therapist should result in you having good cause not to at the initial level, but since it is of a personal and compelling issue, I THINK the determination would also be of a general finding.

This is all merely speculative .. and what I think you should realize is that if your employer were to find out and blab .. you just need to acquire proof of that for use in some other venue.


Sep 17, 2011
Rating
starstarstarstarstar
disability to being laid off
by: Anonymous

I've been off on disability for less then 12 months due to a back injury @ home. Before my year is up my doctor relased back to work and now my employer laid me off. Can I receive unemployment benefits if I haven't work for the last couple months? But I'm also pregnant and my due date is in November can I get any type of benefits if I haven't work for almost a year?




Hi,

I don't know because I didn't see the information which I think important to know .. if I were to try to answer your question about getting regular unemployment benefits.

See the following as there is a difference between regular and temporary disability benefits.

California Disability Insurance

California Guide to Unemployment Benefits

The formulas for determining whether you will be monetarily eligible for "regular" unemployment benefits.

Sep 09, 2011
Rating
starstarstarstarstar
From Disability to Unemployment
by: Jeannine

I too was on disability for several medical problems. After 4 months my employer (a County job) stated that had "abandoned" my job for medical reasons. I contacted the union rep. And unfortunately he said legally they can do this. It's a year later and I'm 3 months post op a hip replacement and feel I'm able to work PT so I'm applying for unemployment. Do I have to be willing to work FT to get unemployment?



Not in California, if you have a prior work history of part-time work .. or "I think" if you are medically restricted to part-time by a physician.

Aug 05, 2011
Rating
starstarstarstarstar
was in the same situation
by: Anthony

yes you can collect unemployment after disability. i was on disability for a year and in that time my employer had to term my employment because i did not come back after 6 months. I was then able to collect unemployment after my disability. The only thing is that you have to be willing and able to work. I had a tough time getting my doctor to release me but they eventually did. The unemployment office will ask for the release form from you doctor. Hope this helps.





You're right Anthony, you can get regular unemployment benefits when you become able and available, but I asked this person about exhausting FMLA because regular UI benefits also look at the separation. A failure to return from leave without contacting the employer is also looked at when determining a right to regular UI benefits.

When on FMLA or disability you still have to be able to show you were trying to preserve the job .. otherwise it could very well be determined as a voluntary quit .. without good cause.

Even if you exhaust FMLA .. you should ask for a personal leave of absence .. and let the employer become the moving party that ends the job so it is seen as a termination, but not for misconduct or a VQ without good cause.

Apr 20, 2011
Rating
starstarstarstarstar
You can get UI after being on disability
by: Anonymous

You can get unemployment if you were on disability in California.

You just tell EDD that you were on disability, how long you were on disability, provide the date your doctor said you could return to work, provide the date you contacted your employer to let them know you could return to work, and give EDD the statement your employer provided for there not being a position available for you when you tried to return to work. If your employer tries to challenge EDD's decision to give you unemployment through an appeal, just make sure you have your doctor's letter and faxes, emails, and phone records showing you were in contact with your employer. That's a way to avoid being accused of abandoning your job.

If you check out EDD's web site, there's something listed about this type of situation under UI.

Apr 06, 2011
Rating
starstarstarstarstar
refusing low job offer after disability
by: Maddie

Were u able to get unemployment approved Julia? I'm in the same situation.......

Click here to add your own comments

Return to California Unemployment Questions.

} }