EDD SDI to unemployment benefits? Employer replaced me during disability leave - legal rights?

OH NO - same thing happened to my cousin last year!! Her company basically told her the same BS about \

Thanks for sharing about your cousin's experience. Did she have to do anything special to transition from SDI to unemployment? I'm worried about a gap between benefits. Did she have to be officially terminated first before applying for unemployment?

This situation involves both disability law and employment law. First, California's FEHA (Fair Employment and Housing Act) provides stronger protections than federal FMLA. If your company has 5+ employees, they generally must provide reasonable accommodations and engage in an interactive process when you return with restrictions.\n\nHowever, there are some important distinctions:\n\n1. The law doesn't necessarily guarantee you'll get your exact same position back after extended disability leave beyond FMLA/CFRA periods (typically 12 weeks).\n\n2. They ARE required to see if they can reasonably accommodate your restrictions when you return, which might include placement in a comparable position.\n\n3. If they terminate you because they cannot accommodate your restrictions or truly don't have a position, then yes, you would likely qualify for unemployment benefits.\n\nI recommend immediately documenting all communications with your employer, requesting the interactive process in writing when your doctor releases you, and contacting the DFEH (Department of Fair Employment and Housing) for guidance specific to your situation.

Thank you for the detailed information. I didn't know about FEHA having stronger protections. My company has about 200 employees, so that would apply. I'll start documenting everything right away. Do you know how quickly unemployment benefits typically start after applying? I'm worried about a gap between my SDI ending and UI beginning.

they cant just fire u for being disabled thats discrimination!!! ur job is protected by law. my sister got fired after her pregnancy leave and she sued them and WON big $$$. u should talk 2 a lawyer ASAP before u sign anything from HR!!!

While I appreciate your concern, this isn't entirely accurate. Job protection laws like FMLA/CFRA typically only guarantee job protection for 12 weeks. After that period, the legal situation becomes more nuanced. The employer must still engage in the interactive process and attempt reasonable accommodation under FEHA, but they're not necessarily required to hold the exact same position for extended disability periods (8+ months in this case). Each situation is unique, and the length of leave, company size, and nature of accommodations needed all factor into legal protection.

To directly answer your question about unemployment after disability: Yes, you can typically transition from SDI to unemployment IF you're able to work (with or without restrictions) but no longer have a job to return to. \n\nThe process works like this:\n1. Complete your disability claim period\n2. Get medical certification that you're able to work (with or without restrictions)\n3. If your employer cannot/will not accommodate you or has no position, apply for UI\n4. You'll need to meet the standard UI eligibility requirements (able to work, actively seeking work, etc.)\n\nOne important note: Your UI benefit amount will be based on your base period earnings BEFORE your disability began, not on your SDI payment amounts. So the amount may be lower than what you've been receiving on disability.\n\nAs others mentioned, document everything with your employer during this transition period. Request accommodations in writing and keep copies of all communications.

This is really helpful, thank you. So I need to wait until my disability officially ends before applying for UI? Is there any way to start the process earlier to minimize gaps? My SDI is scheduled to end around March 15, and I'm worried about making rent in April if there's a processing delay with unemployment.

just my 2 cents but u might wanna try calling EDD directly about this transitioning from SDI to UI. my buddy was in similar situation last year and he said getting thru to someone who actually knew the rules was the hardest part. took him like 80 calls over 3 days before he got a real person who could explain his options!

I had the same issue trying to reach EDD about transitioning from disability to unemployment last fall. Spent hours on hold only to get disconnected. I finally used a service called Claimyr that got me through to an EDD agent in about 30 minutes. Totally worth it because the agent explained exactly what forms I needed and how to time everything to avoid benefit gaps. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd. Way better than spending days trying to get through on your own, especially with something time-sensitive like this.

Thanks for the tip! I'll check that out. Getting through to EDD has been impossible. I've tried calling 5 times this week already and couldn't get past the automated system.

I went through this EXACT situation in 2025! Was on disability for 7 months (cancer treatment) and my company gave my job to my temporary replacement. When I tried to come back they offered me a position with a HUGE pay cut claiming it was the \

I'm so sorry you went through that, especially after cancer treatment. That's awful. I appreciate the specific advice about timing the end of SDI with starting UI. Would you mind sharing how long it took for your UI to actually start paying once approved? I'm trying to budget for a possible gap.

A couple of additional points regarding your question about unemployment benefits:\n\n1. You can apply for UI as soon as your SDI claim ends and you're medically able to work (with or without restrictions).\n\n2. There's usually a one-week unpaid waiting period when transitioning to UI, so factor that into your financial planning.\n\n3. If your employer contests your UI claim (some do this automatically), there may be a determination interview which could delay your first payment.\n\n4. The current average processing time for clean UI claims (those without issues) is 10-14 days, but claims with any complications can take 3-4 weeks.\n\n5. Make sure to clearly document that you were medically released to work but your employer couldn't/wouldn't accommodate you or didn't have a position. This is crucial for UI eligibility.\n\nOne last thing: if you're worried about the gap, you might look into applying for State Disability Insurance Extensions. If your doctor believes you need additional recovery time, you might qualify for an extension of your current benefits rather than transitioning to UI immediately.

Thank you for this detailed information. I wasn't aware of the one-week waiting period for UI - that's good to know for budgeting. I hadn't considered a possible SDI extension either. My doctor thinks I'll be ready for modified work, but maybe extending disability a bit longer would give me more time to sort this out with my employer or find a new job. I'll discuss that option with my doctor.

The most important thing here is TIMING and DOCUMENTATION!\n\nMy best advice is don't wait until your SDI is almost over to deal with this. Start NOW:\n\n1. Get written clarification from your employer about your status. Email HR directly asking about your position and potential accommodations.\n\n2. Have your doctor document exactly what restrictions you'll have so your employer can't claim they \

Thank you, these are excellent suggestions. I'll email HR tomorrow to get written clarification of what my manager told me verbally. And I'll definitely ask my doctor to be very specific about my restrictions at my next appointment. The 19-day timeline is helpful to know - I'll make sure I have some emergency savings set aside to cover that gap.