Position backfilled while on medical leave, wasn't told

[LdiJ]

Great info, thanks! So then perhaps I should run out my SDI first?

By SDI are you referring to short term disability? That does not seem to be the normal acronym for that so its confusing me.

 

[cbg]

You cannot collect both UI and SDI at the same time. If you are still collecting SDI, you are not eligible for UI (yet). If you have been cleared to work, your job has been filled and you are ready to collect UI (which requires that you be able to work, actively looking for work, and able to accept work if offered), then you are no longer eligible for SDI.

 

[eerelations]

Great info, thanks! So then perhaps I should run out my SDI first?

If you're ready to work, how can you still be collecting SDI? (Or whatever it is.)

 

[cbg]

http://www.edd.ca.gov/Disability/

 

[Chyvan]

I'm now without an income

Because you said that, I thought you had nothing and had been cleared to work

So then perhaps I should run out my SDI first?

If you're getting SDI, then you don't know if you won't have a job when you ACTUALLY try to return to work. If you're employer is telling you that you're on a leave of absence, then don't apply for UI, or you'll get denied.

 

[justalayman]

By SDI are you referring to short term disability? That does not seem to be the normal acronym for that so its confusing me.

State disability insurance. Google "California sdi"

 

[Zigner]

If you're employer is telling you that you're on a leave of absence, then don't apply for UI, or you'll get denied.

One can get UI if their employer places them on a LoA.

 

[eerelations]

One can get UI if their employer places them on a LoA.

...but not is one is receiving SDI, which OP is now saying he's getting. (I understand, Chyvan's post is vague and completely incorrect as it stands, but I suspect he was riffing on the SDI aspect. He should have been clearer though.)

 

[Zigner]

...but not is one is receiving SDI, which OP is now saying he's getting. (I understand, Chyvan's post is vague and completely incorrect as it stands, but I suspect he was riffing on the SDI aspect. He should have been clearer though.)

Exactly. I was going only on what he said

I agree - if one is receiving SDI due to being medically unable to work, then one is not eligible for UI. Furthermore, even if one is NOT receiving SDI while being medically unable to work, then one is not eligible for UI.

 

[cbg]

But simply being on an LOA is not enough to disqualify one for unemployment; it must be an LOA that renders one incapable of working.

 

[Chyvan]

One can get UI if their employer places them on a LoA.

I'm going with the theory that this person was sick. This person was the one that asked for the "LOA," and is still being treated as being on a leave. As the story unfolded, I don't think he's better or has been cleared to work. Sure the employer might have filled his job, but until he goes to the employer and says, "I'm all better now. I want my job back," and the employer says, "no, someone is already doing it, and we have nothing for you." Filing the claim will trigger an investigation into the separation issue, and he'll be denied because he quit without exhausting all available options.

Now, if he employer at anytime says, "you're not ever getting a job here even if you do get better," that's a different story.

But "LOA" are no guarantee to UI benefits.

 

[cbg]

OP, please pay no attention to chyvan, who has proven time and time again that she doesn't know what she's talking about but tries to make people think she's an expert. She is nothing of the kind.

She is correct that an LOA is not a guarantee of benefits. And it's unclear exactly what your status is regarding being cleared for work. But IF you go back to your employer as soon as you are cleared by your doctor to return to work, AND IF at that time your employer tells you that your job has been filled and there is nothing open for you, then as long as you're otherwise eligible (work quarters, etc.) it's absolute nonsense to say you'll be declined because you "didn't exhaust all available options". What other options does she imagine you had, other than going back to work before you had medical clearance?

Balderdash and a hearty Twaddle to you.

 

[commentator]

Leaving your job due to illness with a medical statement which we would assume that a physician was involved in this person's leave of absence, (if it is indeed due to health reasons) is not considered leaving without exhausting all reasonable alternatives. If the employee is too sick to work, and the employer chooses to fill their position while they are out, that is an approvable claim as soon as the person has been released to return to work. Medical reasons to leave a job are considered approvable as long as they are documented, the thought being that one cannot reasonably avoid being ill.

One must be fully released by their doctor to return to work, and have presented themselves to the employer and assured that there is no work available for them.

 

[Chyvan]

it's absolute nonsense to say you'll be declined because you "didn't exhaust all available options".

You either misread it, or I wasn't as clear as I should have been, but you cannot apply for UI UNTIL the separation has taken place. Someone can't go on maternity leave, and apply for UI in the middle of the leave, and expect to get UI until the leave is over and they report to work and are told, "no."

If you're on a LOA, and are taking a very long time to get better, you still can't say, "oh, my leave is over, and I'm still sick, so I'm not coming back." You have to ask for the leave to be extended, and until the employer says, "no, we're done waiting" that is where the "exhaust all available options," come in.

 

[cbg]

Then you weren't clear, because it sure sounded to me as if you were saying that if the absence had ever been categorized as an LOA at all, ever, for any reason, then no matter what the circumstances when the employee returned to work it would be declined. Obviously they're not going to be approved if they're not able to return to work.