EDD SDI extension ending but employer saying FMLA running out - totally confused!
I've been on California disability since July 2024 for severe anxiety and depression after a workplace incident. My doctor extended it twice, and now my benefits are scheduled to end on February 10, 2025. Here's what's confusing me - my HR department keeps sending me emails saying my "FMLA entitlement is exhausting concurrently with disability" and that I'll have no job protection after next week. But I never actually applied for FMLA! I thought those were separate things? My therapist recommended I take additional time off, but now I'm panicking about losing my job. Can an employer count FMLA time if I never filled out FMLA paperwork? I'm so confused about how disability and FMLA work together. Anyone dealt with this before?
20 comments
Emma Anderson
Your employer is actually correct about this. In California, when you go on SDI, most employers automatically start the FMLA clock at the same time, even if you didn't specifically apply for it. FMLA provides job protection for up to 12 weeks, but your disability benefits through EDD can last much longer (up to 52 weeks). Once your FMLA protection runs out, technically your employer doesn't have to hold your position anymore, even if you still have valid disability benefits. You should immediately talk to your doctor about completing CFRA paperwork (California Family Rights Act), which can sometimes provide additional job protection after FMLA expires. Also, request accommodation paperwork under ADA if your condition qualifies as a disability. Both of these might help protect your job beyond the FMLA period.
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Javier Morales
•Thank you so much for explaining! I had no idea they could start FMLA without me applying for it specifically. I'll call my doctor today about the CFRA paperwork. Do you know if there's any required waiting period between FMLA ending and CFRA beginning? I'm so worried about this gap in protection.
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Malik Thompson
my company did the exact same thing to me!! i was on disability for 4 months for a back injury and they never told me they were counting FMLA the whole time. then they suddenly said i had to come back or lose my job even tho my doctor said i needed 2 more weeks. its total BS how they do this!!!
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Isabella Ferreira
•Unfortunately, this is standard practice. Most employers have policies stating that all medical leaves run concurrently with FMLA. You should check your employee handbook - it's almost certainly mentioned there. The problem is that most employees don't realize disability benefits and job protection are two completely different things handled by different systems.
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CosmicVoyager
Did you get the FMLA designation notice when you first went out on disability? Your employer is required to provide written notification within 5 business days of determining your leave qualifies for FMLA. The notice should specify how much FMLA time you have available and when it will exhaust. If they never provided this, you might have a case that your FMLA hasn't properly started yet.
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Javier Morales
•I looked through all my paperwork and emails - I did get something called a "designation notice" back in July, but honestly I was so overwhelmed with the disability paperwork that I didn't pay attention to it. It does mention FMLA running concurrently with disability. I guess I just didn't understand what that meant at the time. Is there anything I can do now that it's almost exhausted?
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Ravi Kapoor
I've been through this EXACT situation with SDI and FMLA running concurrently, and getting to EDD on the phone was absolutely impossible when I needed to sort things out. After days of calling and getting hung up on, I finally used Claimyr (claimyr.com) and got through to an EDD representative in about 20 minutes. They have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd The EDD rep explained that they only handle the disability benefits part, not job protection, but they were able to explain exactly how the benefits work which helped me when I went back to talk to my employer. Definitely worth it when you're trying to navigate these complicated situations.
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Freya Nielsen
•Is this service legit? seems kinda sketchy to have to pay someone just to talk to EDD...
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Ravi Kapoor
It's completely legitimate - I was skeptical too until I tried it. They don't handle your personal information or talk to EDD for you - they just connect your call and get you past the busy signals and automated hang-ups. When you're desperate to speak to someone about your benefits, it's worth every penny. I spent 3 days trying to get through on my own with no luck before using this.
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Javier Morales
•Thanks for sharing this. I've been calling EDD this morning with no luck - just endless busy signals. I might try this service if I can't get through by tomorrow because I really need to understand what's happening with my benefits as this FMLA situation unfolds.
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Omar Mahmoud
YOUR EMPLOYER IS SCREWING YOU OVER!!!! This happened to me and I SUED and WON!!!! If they didn't SPECIFICALLY tell you about FMLA when you went out on leave, they CAN'T count it!!! Talk to a lawyer IMMEDIATELY!!! The law is VERY CLEAR about this!!!!
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Emma Anderson
•This isn't accurate information. The designation notice the OP mentioned receiving in July is the legal notification. As long as the employer provided that written notice (which they did), they're allowed to count disability leave against FMLA time. Please be careful about giving legal advice that could be harmful.
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Chloe Harris
my situation was different but sorta similar. i was on sdi for pregnancy and thought i had more time but my hr told me fmla was ending sooner. turns out pregnancy disability leave in california is separate and gives extra time beyond fmla for recovery from childbirth. not sure if that helps you but just sharing that there are different types of leaves that work differently.
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CosmicVoyager
•This is an important point - there are various leave entitlements in California that work differently. For pregnancy, PDL provides up to 4 months of leave separate from FMLA/CFRA. For other medical conditions, FMLA and CFRA typically run concurrently and provide 12 weeks of protection. The OP should also look into whether their employer offers any extended medical leave benefits beyond the legal requirements - some companies do.
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Isabella Ferreira
To clarify a few things for everyone: 1. FMLA (federal) and CFRA (California) both provide up to 12 weeks of job-protected leave 2. SDI can provide wage replacement for up to 52 weeks 3. Employers can and usually do run FMLA concurrently with disability leave 4. The designation notice is the legal requirement for notification 5. Once FMLA/CFRA protection ends, your job is no longer legally protected even if you still receive SDI benefits Your best options now are: 1. Request ADA/FEHA accommodations if your condition qualifies as a disability 2. Talk to your employer about any company-specific extended leave policies 3. See if you qualify for CFRA if it hasn't already been used concurrently with FMLA Don't wait - address this immediately as the clock is ticking.
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Javier Morales
•This is incredibly helpful, thank you! I've scheduled a meeting with HR for tomorrow to discuss accommodation options. My therapist is preparing documentation about my condition and why I might need additional time. I'm still nervous but feel more prepared now.
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Malik Thompson
wat happens to ur health insurance after fmla runs out? thats wat really screwed me when this happened
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Javier Morales
•Oh no, I didn't even think about that! I need to ask HR about this tomorrow too. I can't afford to lose my health insurance right now, especially when I'm still getting treatment.
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Emma Anderson
Regarding health insurance: When FMLA protection ends, employers are no longer legally required to maintain your health benefits. However, many employers have policies that extend health coverage during approved medical leaves beyond FMLA. You should specifically ask about this during your HR meeting. If they don't extend coverage, you would be offered COBRA continuation, which allows you to keep the same insurance but you pay the full premium (including the portion your employer used to pay). This can be very expensive but maintains your coverage. Also, losing employer coverage is a qualifying event that would allow you to purchase insurance through Covered California, potentially with subsidies depending on your income while on disability.
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Javier Morales
•UPDATE: Had my HR meeting. They confirmed my FMLA runs out next week, but they have a company policy that allows for an additional 4 weeks of job-protected leave in certain circumstances. They're reviewing my doctor's documentation now. They also said my health insurance will continue during this extended leave if approved, which is a huge relief. Thanks everyone for your help navigating this confusing system!
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