EDD SDI job protection question - Can employer terminate after one year on disability?

FMLA is only 12 weeks but SDI is different. u can get benefits for longer but job protection is the FMLA part. after 12 weeks they can replace u. happened to my sister. sorry

This is a common misconception. While FMLA provides 12 weeks of job protection federally, California has additional protections you should know about. California's CFRA (California Family Rights Act) can sometimes provide additional 12 weeks in certain situations. Also, if your condition qualifies as a disability under ADA/FEHA, your employer might be required to provide reasonable accommodation, which could include extended medical leave beyond FMLA/CFRA. I recommend: 1) Get specific about your rights with HR (in writing) 2) Contact the DFEH (Department of Fair Employment and Housing) 3) Consider consulting with an employment attorney Don't just assume you'll lose job protection after 12 weeks - your specific medical condition and company size/policies matter considerably here.

My brother was on disability for 9 months last year and his job wasn't there when he came back. It's pretty awful how they treat people with serious medical conditions! The whole system is just designed to make it complicated and confusing.

I JUST WENT THROUGH THIS EXACT THING!!! After my FMLA ran out (12 weeks), my employer started pressuring me to give a return date. When I couldn't, they eventually terminated me after about 5 months total absence. I tried filing a complaint but was told since I had exhausted FMLA and couldn't provide a definite return date, they were within their rights. It's AWFUL but that's the reality. SDI benefits continue regardless of employment status though, so at least you'll have income for up to a year.

One thing no one has mentioned is that many employers have short-term and long-term disability insurance policies that might have different rules than just state SDI. Have you checked if your employer has additional coverage? Sometimes these policies include job protection provisions or return-to-work programs. Also, if your condition qualifies as a disability under ADA, you might be entitled to reasonable accommodations including extended leave. The key is documenting everything and being specific with HR about your needs and expected timeline.

Have you been able to reach someone at EDD to discuss your case specifically? I was going through something similar last year and spent WEEKS trying to get real answers from EDD about my situation. Finally used a service called Claimyr (claimyr.com) to get through to an actual agent instead of waiting on hold forever. They have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd The EDD agent I spoke with was able to explain exactly how my benefits would work and referred me to resources about job protection beyond FMLA. Totally worth it to talk to someone who actually knows the rules rather than getting conflicting info online.

To directly answer your question: California SDI does NOT provide job protection - it only provides wage replacement. However, as others have mentioned, you may have protection under multiple overlapping laws including FMLA (12 weeks federal), CFRA (12 weeks state), and potentially ADA/FEHA (reasonable accommodation). The specifics depend on your medical condition, your company size, and how long you've been employed there. Some larger employers have policies that extend job protection beyond the legal minimum. I would recommend: 1. Get everything in writing from your HR department 2. Check your employee handbook for leave policies 3. Consider requesting accommodation under ADA/FEHA 4. Document all communications with your employer From a practical standpoint, I've seen employees maintain roles for 6+ months with the right combination of intermittent leave, accommodation, and communication with their employer.

ok just wanted to add that ur medical condition matters A LOT for this stuff. if u have whats considered a disability under ADA then u get more rights. my sister just had surgery and it wasnt considered a disability so thats why she had less protection i think

Thank you everyone for the helpful responses! I've learned a lot from this discussion. To summarize what I'm understanding: SDI itself doesn't provide job protection, but I might have rights under FMLA (12 weeks), potentially CFRA (additional time), and possibly ADA/FEHA if my condition qualifies as a disability. I'm going to: 1. Talk to HR specifically about all leave policies and get everything in writing 2. Look into our company's supplemental disability insurance policy 3. Use Claimyr to actually reach EDD and get their input 4. Consult with an employment attorney to understand my specific rights 5. Make sure my doctor provides detailed documentation of my condition I'll update this thread once I have more information in case it helps someone else in the future.

Good plan Miguel! One additional resource I'd suggest is contacting the California Department of Fair Employment and Housing (DFEH) - they have a free consultation service where they can walk you through your specific rights under California law. They're really knowledgeable about how CFRA, FEHA, and ADA protections work together. Also, when you talk to HR, ask specifically about "interactive process" - if your condition qualifies as a disability, your employer is legally required to engage in this process to find reasonable accommodations that might work for both of you. Document everything from these conversations. Wishing you the best with your health and hoping you can keep your position!

I went through something similar with a chronic condition last year. One thing that really helped me was getting my doctor to be very specific about the "episodic" nature of my disability in their documentation. Instead of just saying I needed a year off, we documented that I had good days and bad days, which opened up the possibility of intermittent FMLA/CFRA leave rather than continuous leave. This can sometimes extend your protection longer because the 12 weeks get used up more slowly. Also, definitely check if your company is subject to the California Pregnancy Disability Leave Act (PDL) - even though your condition isn't pregnancy-related, some companies have broader medical leave policies that mirror PDL's approach. My HR initially said I only had 12 weeks, but after I pushed and mentioned reasonable accommodation under FEHA, they found additional leave options in company policy they hadn't mentioned before. The key is being persistent and asking the right questions!

I'm currently navigating a similar situation with a chronic autoimmune condition and wanted to share what I've learned so far. One thing that's been crucial is understanding that even if your employer can't hold your exact position after FMLA runs out, they may still be required to offer you a "comparable position" when you return if your condition qualifies under ADA/FEHA. Also, I discovered that some employers have "return-to-work" programs that aren't well-publicized but can provide additional flexibility. When I spoke with our benefits coordinator (not just general HR), I learned about options I never knew existed. Another tip: if you're part of a union, definitely check with your union rep about additional protections in your collective bargaining agreement. Even if you're not unionized, some companies voluntarily follow similar standards. The documentation aspect everyone mentioned is SO important. I started keeping a detailed log of every conversation, email, and medical update. It's already proven helpful when questions came up about my timeline and needs. Hang in there Miguel - advocating for yourself with a serious health condition is exhausting, but you're asking all the right questions and getting great advice here!

I work for a disability rights organization and wanted to add some practical guidance to this excellent discussion. One thing I haven't seen mentioned is the importance of requesting accommodations BEFORE you exhaust your FMLA/CFRA leave. Don't wait until week 11 to start the interactive process - begin as soon as you know you'll need extended time. Also, California's Unruh Civil Rights Act provides additional protections that sometimes get overlooked. If your employer has 5+ employees, they're subject to broader disability discrimination protections that can complement FEHA. A few practical steps I'd recommend: - Request all accommodation discussions in writing (email counts) - Ask HR specifically: "What is the maximum leave available under all company policies and legal requirements combined?" - If denied accommodations, ask for the denial in writing with specific reasons - Consider involving your doctor in the interactive process - they can sometimes suggest accommodations you hadn't thought of The fact that you've been with the company 4 years works in your favor - courts look more favorably on accommodation requests from established employees. Keep pushing for answers and don't let anyone brush you off with vague responses. You have more rights than most people realize!

As someone who went through a very similar situation with a spinal condition that required 8 months off work, I wanted to share what ultimately saved my job. The key was getting my doctor to write very specific medical documentation that outlined not just my limitations, but also potential accommodations and a realistic timeline with milestones. My doctor included language like "patient requires extended medical leave as a reasonable accommodation under ADA" and specified things like "may benefit from phased return to work" and "condition expected to stabilize with treatment allowing return to essential job functions." This medical language gave my employer concrete guidance for the interactive process. Also, I found that staying in regular communication (monthly updates) with my supervisor and HR helped tremendously. Even when I couldn't give an exact return date, I could provide updates on my treatment progress and participation in the accommodation process. One last thing - if your company uses a third-party disability administrator (like Sedgwick or Cigna), make sure you're communicating with them directly too, not just your internal HR. Sometimes they have different policies or can advocate for you internally. Good luck Miguel - 4 years of employment history definitely works in your favor!

I'm new to this community but going through something similar right now - my partner was just diagnosed with a chronic illness and we're trying to figure out the disability process. Reading through this thread has been incredibly educational! One thing I wanted to add that I learned from our initial consultation with a disability attorney - they mentioned that California also has the New Parent Leave Act (NPLA) which, while not directly applicable here, shows that CA is generally more protective of employee rights than federal minimums. The attorney suggested that this trend means California courts tend to interpret existing disability laws more favorably to employees. Also, has anyone here had experience with Employee Assistance Programs (EAP)? Our HR mentioned we have one, and I'm wondering if they provide any guidance on navigating medical leave or connecting with resources. Miguel, your systematic approach to documenting everything and getting multiple perspectives is really smart. This thread is going to be a great resource for anyone facing similar challenges. Wishing you the best with your health and hoping you can maintain your position!

I just wanted to chime in as someone who's been lurking in this community for a while but finally creating an account because this thread is so helpful! I'm actually an HR generalist at a mid-sized company in California, and I see these situations fairly regularly. A few things I'd add from the employer side that might help Miguel and others: 1. Many companies have internal policies that go beyond legal minimums, but employees often don't know to ask about them. Always request your complete employee handbook and any supplemental leave policies. 2. The "interactive process" under ADA/FEHA is legally required to be a good-faith, ongoing dialogue. If your HR department isn't engaging meaningfully, document that - it can be evidence of discrimination. 3. Some companies have "catastrophic leave" or "medical leave bank" programs where employees can donate unused PTO to colleagues with serious medical situations. Not common, but worth asking about. 4. Size matters - companies with fewer than 15 employees aren't subject to ADA, and companies under 50 employees aren't subject to FMLA. But California's FEHA applies to employers with 5+ employees. Miguel, your 4-year tenure and the fact that you're being proactive about this process puts you in a strong position. The key is getting everything documented and not accepting vague answers from HR. Push for specifics about all available options under company policy and state/federal law. Good luck!