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On State Disbility, but being released to work soon - Unemployment?

by Patti
(Huntington Beach, CA)

I'm On CA State Disbility, but being released to work soon

Once my doctor and I think I can work again and I am released from disability, may I file for CA State unemployment? My employer terminated me because my FMLA ran out and I was not recovered to return to work. They said they could not hold my position. I was of off on disability since 6/10 and terminated 9/10.


Hi Patti,

Yes, you should be able to collect unemployment once your doctor releases back to work.

The reason being because the employer opted to end your employment at the end of FML rather than extending you a personal LOA until you were released.

This is a discharge for something other than willful misconduct or a voluntary quit for failure to communicate the need for additional leave time.

When you do file be sure to have your medical release ready to provide to the unemployment department to prove you are now able and available for work .. should the employer happen to protest your benefits on those grounds.

Anyone in a similar situation should see the relevant sections of the
California Benefit determination guide.

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