Position backfilled while on medical leave, wasn't told

[commentator]

but you cannot apply for UI UNTIL the separation has taken place


Yes, you can any
body can file a claim for unemployment benefits anytime. Federal

 

[Chyvan]

but you cannot apply for UI UNTIL the separation has taken place


Yes, you can any
body can file a claim for unemployment benefits anytime. Federal

You're right, you can, but if you do it in the middle of a leave of absence, EDD is going to do a separation issue determination whether you like it or not, and it could very well be treated as a quit without good cause.

http://www.edd.ca.gov/UIBDG/Misconduct_MC_5.htm#DischargeDuringLeaveofAbsenceorTemporaryLayoff

http://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_285.htm

And from here http://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_285.htm

"3. Is the current unemployment due to the claimant's being on a leave, failure to request a leave, or failure to return to work after the leave has expired?

c. If the claimant failed to request an extension, was the claimant aware that extensions were available?
d. If the claimant failed to request a leave or extension, would the leave have served a useful purpose, or would it have been a futile gesture?"

This person may not be in this situation, but I think he is.

Then for the denial reasons: http://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_285_-_Reason_for_Decision.htm

"A. Failure to Request Leave
You quit your last job with (employer name). You did not request a leave of absence to protect your job. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits."

and by inference, most likely an extension.

"E. Leave Offered, Refused
You left your last job with (employer name) but refused a leave that would have held your job for you. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits."

Filing a claim willy nilly is high risk in a situation like this unless the OP gives more facts as to just what is happening to him.

 

[commentator]

No, filing a claim willy nilly is not a "high risk" situation. Because once the claim is filed regardless of what the person tells EDD at that time, the claim will have to be re-opened when the person is able to return work. They are not going to go back and use the information from the separation back when the claim is originally filed as the reason for the separation decision now any more than they're going to use the person's former medical status (under care of a doctor, not able to work) as their current medical status when the claim is reopened.

To set up the claim, say in December, you file the claim. You say when asked the reason for leaving last job "still employed, on Temporary Disability Leave." Which is what you are. The claim will set up financially for the next year if there is monetary eligibility. But your current inability to work will be disqualifying. You will receive a decision stating such. Then when you are released by your doctor to return to work, say next May, you present yourself to your employer. They have backfilled your position. They have no work available for you. You are ready willing and able and available for equivalent work. You are approved to draw on the claim that was set up several months ago in better quarters for you.

I have seen people wait six or seven months to file that claim when disabled, until they were ready to return to work, and find that they had lost important quarters of wages. It is standard practice if people are going to be off work due to an illness or injury for a long time to tell them to file and set up a claim quickly, though it will definitely be denied at first due to their not being released to work, or their receiving disability payments.