Can employer call it 'job abandonment' if I decline accommodation and wait for my EDD SDI RTW date?

This is a classic intimidation tactic. If you have WRITTEN documentation from your doctor supporting your return-to-work date, they cannot legally call it job abandonment. Job abandonment means you stopped showing up without notice - you clearly haven't done that! You're following medical orders. Make sure everything is in writing, and email them back saying you intend to return on your doctor-approved date. Forward them the medical documentation again. If they fire you, they can call it whatever they want, but it won't hold up if you file for unemployment after your SDI runs out.

my boss tried the same thing last year when i was on disability for carpal tunnel!!! they called it job abandonent when i wouldnt come back early and fired me. i got unemployment after my disability ended no problem, edd saw right through it. dont let them push u around!!

While they legally can terminate your employment since you're beyond FMLA/CFRA protection, labeling it as "job abandonment" is misleading. Job abandonment typically requires an employee to be absent without notice for multiple consecutive days. You have a documented disability claim with a specific return date. I recommend you: 1. Email HR confirming your intent to return on your doctor-approved date 2. Attach your medical documentation again 3. Clarify that you are not refusing to work or abandoning your position, but following medical guidance 4. Request written clarification on why they believe this constitutes abandonment If they do terminate you, apply for unemployment immediately after your SDI ends. The "job abandonment" label is likely an attempt to classify this as misconduct to block UI benefits. But with proper documentation, you can appeal and likely win.

I work in HR (not at your company) and this sounds fishy to me. Job abandonment requires that you stop showing up WITHOUT COMMUNICATION. You are clearly communicating. They're trying to intimidate you. They can terminate you for being unable to work, but calling it abandonment is incorrect and seems calculated.

has anybody suggested calling EDD directly about this? they can tell you exactly how this might affect future benefits. i tried calling for WEEKS about my disability claim last year and could never get through until i found this service called Claimyr. it gets you through to a real EDD agent usually within an hour instead of calling for days. saved my sanity! check out their video demo at https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd or go to claimyr.com. they can connect you to disability or unemployment departments.

THEY CANNOT CALL THIS JOB ABANDONMENT!!! This is ILLEGAL and they know it!! I went through the EXACT SAME THING in 2023 with my retail job!!! They tried to force me back during my SDI claim for my shoulder surgery and I told them NO WAY, my doctor says I can't come back yet. They pulled the same "job abandonment" threat. My lawyer friend said that's COMPLETE BS because YOU ARE COMMUNICATING WITH THEM!! Abandonment means NO COMMUNICATION. They're trying to scare you!!! DON'T FALL FOR IT!!!!

This is a common issue with disability claims. The law gets tricky here. While they can't call it abandonment (that's misleading), they can terminate you for being unable to perform job duties once job protection has expired. However, if they're offering an accommodation that doesn't match your doctor's restrictions, you should have your doctor review their proposal specifically. If your doctor rejects their accommodation as medically unsuitable, document that. It strengthens your position for both wrongful termination claims and future unemployment benefits.

wait im confused, isnt this more of a workers comp question than disability? are you on regular disability or work injury disability?

In addition to the excellent advice already shared, I'd suggest requesting the accommodation offer in writing as well. Ask them to clearly outline what specific duties they're proposing, hours, and how they believe it accommodates your medical restrictions. Compare this directly with your doctor's written restrictions. Regarding unemployment after SDI - if they do terminate you, California EDD generally considers you eligible for UI benefits if you're terminated because you're unable to work due to a disability but become able to work later. The key is documenting everything and demonstrating you were willing to return on your doctor-approved date. Also, consider filing a complaint with DFEH (Department of Fair Employment and Housing) if they terminate you for following medical guidance. While they can legally terminate after FMLA/CFRA exhaustion, there are still protections against disability discrimination.