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'm joining this conversation as someone who's currently helping a family member navigate a similar situation with MS. This thread has been incredibly comprehensive and helpful! One resource I haven't seen mentioned yet is the Job Accommodation Network (JAN) - it's a free federal service that provides guidance on workplace accommodations for people with disabilities. They have specific expertise in neurological conditions and can suggest accommodations you might not have considered. Their website (askjan.org) has searchable accommodation databases by condition type. Also, I wanted to emphasize something that came up earlier but bears repeating: if your neurological condition substantially limits major life activities, you likely qualify for ADA/FEHA protections regardless of whether you can provide a specific return date. The law doesn't require you to have a crystal ball about your recovery timeline - it requires your employer to engage in good faith interactive process to find reasonable solutions. Miguel, your approach of creating a systematic action plan is excellent. One small addition I'd suggest: consider reaching out to local disability rights organizations or centers for independent living in your area. Many offer free advocacy services and can sometimes attend meetings with you or review your accommodation requests before you submit them. The fact that you have 4 years of good employment history and are being so thorough in documenting everything puts you in a strong position. Don't let anyone make you feel like you're asking for too much - extended medical leave for serious conditions is exactly what these laws are designed to protect!