Can I get EDD disability while fighting for workplace accommodation? Might resign
I've been dealing with some pretty serious health issues lately (won't go into details but it's affecting my ability to work regularly). My doctor gave me specific work restrictions but my employer is being SUPER difficult about accommodating them. Right now I'm on an unpaid Leave of Absence while we're going back and forth about what accommodations they're willing to make. It's getting ugly and I'm not sure they're going to budge. Two questions: 1. Can I qualify for any kind of EDD disability while on this LOA? I'm technically still employed but not getting paid. 2. If things don't improve and I end up having to resign because they won't accommodate me, would I qualify for unemployment benefits? Or disability? My savings are draining fast and I'm getting desperate. Any advice from someone who's navigated this nightmare before would be really appreciated!
20 comments
Yara Khalil
Yes, you might qualify for SDI (State Disability Insurance) while on LOA if your doctor certifies that you can't do your regular or customary work due to your medical condition. The key is having medical documentation that shows you're unable to perform your normal job duties. For your second question, generally if you resign voluntarily, you wouldn't qualify for unemployment. BUT if you can prove you resigned because they failed to provide reasonable accommodation for a documented disability, that could potentially be considered "good cause" for leaving, which might make you eligible. Document EVERYTHING with your employer - all accommodation requests, their responses, etc. This will be crucial evidence if you need to file either type of claim.
0 coins
LunarEclipse
•Thank you! Do you know how strict EDD is about the disability certification? My doctor is willing to say I need these specific accommodations, but I'm not sure if she'll say I'm completely unable to work since technically I could work with the right accommodations.
0 coins
Keisha Brown
same thing happened to me last yr... my job was being all weird about my back injury accommodations so i went on leave. applied for sdi right away and got it no problem. just have ur doctor fill out the right form
0 coins
LunarEclipse
•That's good to know! Did you end up going back to that job or did you have to quit? I'm trying to figure out my long-term plan here.
0 coins
Paolo Esposito
For SDI, your doctor needs to certify that you're unable to do your "regular or customary work" due to disability. This doesn't necessarily mean you're completely unable to work at all - it means you can't do YOUR SPECIFIC JOB without accommodations. If your employer is refusing reasonable accommodations, you should: 1. File a complaint with DFEH/EEOC for ADA violations 2. Apply for SDI while that process plays out 3. Consider consulting with an employment attorney If you end up resigning, make it crystal clear in writing that you're resigning because they failed to accommodate your disability. This will help with your UI claim, though be prepared for a fight - your employer will likely contest it.
0 coins
LunarEclipse
•Thank you for the detailed response. I've started documenting everything, but I'm nervous about filing complaints because I work in a small industry and don't want to get blacklisted. I'll talk to my doctor about certifying for SDI.
0 coins
Amina Toure
The EDD system is RIDICULOUS when it comes to these situations!!! I went through something similar in 2023 and it was a NIGHTMARE trying to get anyone to understand that I was willing to work BUT ONLY with accommodations!!! My employer basically forced me out by saying they "couldn't" accommodate me (BS!!!) and then when I applied for unemployment they told EDD I "abandoned" my position!!! I had to go through THREE APPEALS before someone finally understood! DOCUMENT EVERYTHING and be prepared for a fight!!
0 coins
LunarEclipse
•Oh no, that sounds awful! Did you eventually win your appeal? How long did the whole process take?
0 coins
Oliver Weber
my sister had kinda the same thing last year and she got unemployment after she quit because her boss wouldn't let her work from home even tho her doctor said she needed to. she had to appeal tho
0 coins
LunarEclipse
•Thanks for sharing. Do you know if she tried disability first or went straight to unemployment?
0 coins
Amina Toure
@OP - Yes, I finally won after the THIRD appeal, took almost 5 months!!! By then I was in serious financial trouble. I wish I'd tried for disability first instead of unemployment because apparently that's easier to get approved quickly.
0 coins
FireflyDreams
Have you tried calling EDD directly to ask about your situation? I know it can be nearly impossible to get through to them, but I found a service called Claimyr that can connect you with an EDD agent usually within an hour. It saved me so much frustration when I was trying to sort out my disability claim earlier this year. Their website is claimyr.com and they have a video showing how it works here: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd Honestly, getting direct answers from an actual EDD agent was what finally helped me understand my options. Worth considering if you're getting desperate.
0 coins
LunarEclipse
•Thanks for the tip! I've tried calling EDD a few times and couldn't get through. I'll check out that service - at this point I just need clear answers about what to do next.
0 coins
Paolo Esposito
Just to clarify something important here: SDI and unemployment serve different purposes and have different eligibility requirements: - SDI: For when you CAN'T work due to disability (certified by doctor) - UI: For when you CAN work but lost your job through no fault of your own You generally can't collect both simultaneously. Right now, while on LOA, SDI sounds more appropriate if your doctor will certify. If you end up leaving your job and are able to work (with accommodations) but can't find employment, that's when UI might apply. Also - there's Paid Family Leave (PFL) which is like SDI but is for caregiving or bonding with new child. That wouldn't apply here based on what you've described.
0 coins
LunarEclipse
•Thank you for explaining the difference. I think I understand better now - I need to figure out with my doctor whether I qualify for SDI in my current situation, and then potentially look at UI if I have to resign later.
0 coins
Natasha Kuznetsova
I'm actually going through this exact situation right now! Been on SDI for 3 months while fighting with my company about accommodations. My advice: 1) Get your doctor to be VERY specific about what you can and cannot do 2) Send accommodation requests in writing 3) Apply for SDI ASAP while this gets sorted - the process can take a few weeks so don't wait The SDI payments have been a lifesaver while I'm sorting everything out. My doctor wrote that I cannot perform my regular duties WITHOUT the specific accommodations, which qualified me.
0 coins
LunarEclipse
•This is incredibly helpful, thank you! I'll talk to my doctor about wording it that way for the certification. Has your company been more willing to work with you since you've been on SDI?
0 coins
Yara Khalil
One more important point: If you do end up needing to file for unemployment after resigning, you'll need to demonstrate that you made reasonable efforts to resolve the accommodation issues before quitting. This means: 1. Formal written accommodation requests 2. Following your company's ADA/accommodation process completely 3. Attempting to work with HR on alternatives 4. Documenting any interactive process meetings Quitting should be your last resort after you've exhausted all other options. This strengthens your case for "good cause" resignation. In the meantime, pursue SDI if your doctor supports it.
0 coins
LunarEclipse
•Thank you for this advice. I've been documenting everything so far, including emails with HR and my supervisor. I'll make sure to follow the formal accommodation process completely before making any decisions about resigning.
0 coins
Keisha Brown
btw make sure u fax the disability forms dont mail them they get lost i learned that the hard way lol
0 coins