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.

Document everything and stay strong! Based on what you've shared, their "accommodation" offer is clearly not reasonable if it contradicts your medical restrictions. The fact that they're calling it job abandonment when you're following doctor's orders and communicating with them shows they're either uninformed about the law or deliberately trying to create grounds to deny future unemployment benefits. A few additional thoughts: - Keep copies of ALL communications (emails, texts, voicemails) - Consider sending a certified letter to HR reiterating your position and medical restrictions - If you have an employee handbook, review the job abandonment policy - I bet it requires lack of communication for multiple days - Contact your state representative's office if you need help navigating EDD - they often have constituent services that can cut through red tape You're doing everything right by following medical advice. Don't let them bully you into returning before you're medically cleared. Your health comes first, and the law is on your side here even if they're trying to make you think otherwise.

I'm dealing with something similar right now - employer pressuring me to return early from SDI with an "accommodation" that doesn't match my restrictions. What really helped me was getting everything in writing and having my doctor specifically review their proposed accommodation. When my doctor wrote a letter explaining why their offer was medically inappropriate, it completely changed the dynamic. Also want to echo what others said about the "job abandonment" label - that's pure intimidation. I called EDD's disability office (took forever to get through) and they confirmed that following your doctor's return-to-work plan while maintaining communication with your employer is the OPPOSITE of abandonment. Stay strong and don't let them rush you back before you're medically ready. Your back injury could get worse if you return too early, and then you'd be dealing with an even longer recovery. Document everything and trust your medical team's timeline!

I went through almost this exact situation two years ago with my employer after a knee surgery. They kept pushing me to come back early with a "light duty" assignment that was basically just busywork, but my orthopedic surgeon had me on strict weight-bearing restrictions until a specific date. What saved me was being proactive about documentation. I sent HR a detailed email every week updating them on my status and reconfirming my doctor-approved return date. When they tried to pressure me, I had a paper trail showing I was communicating regularly and following medical orders. The "job abandonment" threat is total BS - you're literally doing the opposite by staying in contact and following your treatment plan. They're hoping you don't know your rights. If they do fire you, make sure to file for unemployment the day after your SDI ends. I had to appeal initially because they contested it, but EDD sided with me completely once they saw all my documentation proving I wasn't abandoning anything. One thing I wish I'd done differently - I should have asked my doctor to put in writing WHY I couldn't return early, not just the date. It would have made the unemployment appeal even stronger. Good luck and don't let them intimidate you!

I'm so sorry you're dealing with this stress while trying to recover! As someone new to this community but unfortunately familiar with employer intimidation tactics, I wanted to add that you might also want to consider reaching out to a disability rights organization or employment attorney for a free consultation. Many offer initial consultations at no charge and can give you specific advice about California law. From what I'm reading, everyone here is absolutely right - what they're calling "job abandonment" is actually you following proper medical protocol and maintaining communication. That's literally the opposite of abandonment! The fact that they're using this specific terminology suggests they're trying to create a paper trail to fight any future unemployment claim. One thing that might help is to ask your doctor to include in their documentation not just your return date, but also a statement about the risks of returning early or performing duties outside your restrictions. Having medical evidence that their "accommodation" could cause further injury strengthens your position significantly. Stay strong and trust your medical team's timeline. Your health is more important than their convenience, and you have more legal protections than they want you to believe!

I'm new to this community but unfortunately not new to employer retaliation during disability claims. What you're experiencing is textbook intimidation designed to pressure you into returning before you're medically ready. The "job abandonment" label is particularly concerning because it's legally inaccurate and seems calculated to harm your future unemployment eligibility. A few things to consider that haven't been mentioned yet: 1. File a formal complaint with the California Labor Commissioner's office - they investigate retaliation against employees exercising their rights under disability laws 2. Check if your employer has an Employee Assistance Program (EAP) that might include legal consultation services 3. Consider having your doctor write a letter stating that returning early could worsen your condition and result in a longer recovery period 4. Document the financial pressure they're putting on you - this could be relevant for a constructive dismissal claim You're following your doctor's orders and maintaining communication - that's the definition of being a responsible employee, not abandonment. Don't let them gaslight you into thinking otherwise. Your recovery timeline is based on medical expertise, not their staffing convenience. Stay strong and trust your medical team. Many of us here have been through similar situations and can tell you that standing firm on your medical restrictions is always the right choice, even when employers try to make you feel otherwise.