Will my job be protected after FMLA runs out during EDD SDI medical leave?
I've been on disability leave for a chronic back condition since July and my 12 weeks of FMLA protection just ran out last week. My doctor has extended my medical leave until October 16th, and mentioned it might need to be extended again depending on my recovery. I'm getting really worried about my job security. My SDI payments are coming through fine, but now that FMLA is exhausted, can my employer legally terminate me even though I'm still on a doctor-approved medical leave? Has anyone been in this situation before? I've worked at my company for over 3 years and I'm terrified of losing my health insurance while dealing with this medical issue.
34 comments


Clarissa Flair
This is a tricky situation that many people face when disability extends beyond FMLA. The short answer is that in California, you might have additional job protection under CFRA (California Family Rights Act) which can provide an additional 12 weeks of protected leave in some cases. Also, check if your employer has a disability leave policy that extends beyond FMLA. Some employers offer accommodation leaves as part of their disability policies. You should request this accommodation in writing ASAP.
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Eve Freeman
•Thank you so much! I didn't even think about CFRA. Do you know if those 12 weeks would start now or would they have been running concurrently with my FMLA? And should I contact HR about this or my manager?
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Caden Turner
I went thru something similar last year and learned the hard way that EDD SDI benefits dont guarantee job protection. After my FMLA ran out, I had to apply for ADA accommodations which included extended leave. My company's HR actually helped me with the paperwork. You should contact your HR department IMMEDIATELY to see what options you have. Don't wait until October!
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McKenzie Shade
•this is good advice!! my sister waited 2 long and they filled her position while she was still on disability. super messed up but technically legal i guess 😡
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Harmony Love
Not a lawyer but Im almost positive CFRA runs at the same time as FMLA not after it ends. At least that was true in my case. But you should still talk to HR about accomodations under ADA like the other person said.
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Clarissa Flair
•You're partially right. For many situations, CFRA and FMLA run concurrently. However, there are some medical conditions where they don't overlap, allowing for up to 24 weeks of protected leave. It really depends on the specific medical condition and circumstances, which is why consulting with HR or an employment attorney is so important.
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Rudy Cenizo
One thing nobody has mentioned yet is that you should document EVERYTHING. Every conversation with your doctor, every communication with HR, keep copies of all medical certifications and extension paperwork. If your employer does try to terminate you, having this documentation will be crucial if you need to fight it. Also, request any accommodations or extended leave in writing and keep copies. As for your disability benefits, those will continue as long as your doctor certifies your condition, regardless of your employment status.
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Eve Freeman
•That's really good advice about documentation. I've been keeping some records but probably not as detailed as I should. I'll start being more thorough. So just to clarify - even if my employer does terminate me, my SDI benefits would continue based on my doctor's certification?
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Natalie Khan
Try calling EDD directly to ask about your specific situation and rights. I needed to talk to them about something similar and it took me DAYS to get through. I finally used a service called Claimyr (claimyr.com) that got me connected to an EDD agent in about 15 minutes instead of spending hours redialing. They have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd. The EDD agent was actually really helpful in explaining how my disability benefits would continue even after job protection ended.
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Daryl Bright
•is that service legit? seems too good to be true. the EDD phone system is the WORST
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Natalie Khan
•Yes, it's legit! Saved me hours of frustration. The EDD agent I talked to gave me specific information about how the continuation of my disability claim works separate from employment status, which really helped ease my mind.
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McKenzie Shade
my company gave me a hard time when my leave went past FMLA too but i think they were just trying to scare me. if ur doctor says u cant work then u cant work!!! they need to follow the drs orders. ur health comes first anyway dont let them pressure u into coming back before ur ready!!
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Caden Turner
•Unfortunately it's not that simple. Doctor's orders don't automatically extend job protection past FMLA. You need additional legal protections like CFRA or ADA accommodations. Without those, a company can legally terminate your position while following the doctor's orders about your ability to work.
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Rudy Cenizo
One additional note: Make sure you're keeping up with your disability certification paperwork. Your doctor needs to continue submitting updated medical certifications to EDD SDI on time for your disability benefits to continue uninterrupted. This is completely separate from any job protection issues, but equally important for your financial security during this time.
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Eve Freeman
•Yes, my doctor has been good about submitting the certification forms on time so far. I have a follow-up appointment next week where we'll discuss the possible extension beyond October 16. I guess I need to talk to HR immediately about what happens after FMLA and look into the CFRA and ADA options everyone has mentioned. Thank you all for the advice!
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Clarissa Flair
Please update us after you talk to HR! Your situation is common and knowing how your company handles it could help others. Just remember that HR works for the company, not for you, so while they may be helpful, also consider consulting with an employment attorney who specializes in disability issues if you can afford a consultation. Many offer free initial consultations.
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Eve Freeman
•I will definitely update after I talk to HR. I have a meeting scheduled for tomorrow morning. I'm nervous but feeling more prepared after all the advice here. I hadn't thought about consulting an attorney, but that's a good point about HR representing the company ultimately.
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Ana ErdoÄŸan
Good luck with your HR meeting tomorrow! One more thing to consider - if your company has short-term or long-term disability insurance benefits (separate from CA SDI), make sure to ask about those too. Some employers have policies that provide additional job protection during extended medical leaves beyond what FMLA/CFRA offer. Also, if you do end up needing to file for ADA accommodations, remember that "extended leave" can be considered a reasonable accommodation in many cases, especially for temporary conditions with expected recovery dates. Document everything from tomorrow's meeting and don't be afraid to ask for any promises or policies in writing.
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Natasha Petrova
•This is such helpful advice! I didn't even know about company-specific short-term/long-term disability policies that might offer additional job protection. I'll definitely ask about those tomorrow. The point about extended leave being a reasonable accommodation under ADA is really encouraging too. I've been so focused on the FMLA expiration that I hadn't fully considered all the other potential protections. Thank you for the reminder about getting everything in writing - I'll make sure to follow up with an email summarizing what we discuss in the meeting.
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Andre Laurent
I'm going through something very similar right now - my FMLA just expired last month and I'm still on SDI for a knee injury that's taking longer to heal than expected. What I learned is that you should also check if your employer offers any voluntary disability insurance or extended sick leave policies beyond what's legally required. Some companies have their own internal policies that can bridge the gap between FMLA ending and your return to work. Also, make sure to keep all your medical documentation organized - I created a folder with every doctor's note, SDI form, and communication with my employer. It's been really helpful having everything in one place when I need to reference dates or specific medical recommendations. The stress of worrying about job security definitely doesn't help with recovery, but knowing your options can at least give you some peace of mind.
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Amina Toure
•Thanks for sharing your experience! It's reassuring to know I'm not alone in this situation. The idea about creating an organized folder for all documentation is really smart - I've been kind of scattered with my paperwork. Can I ask how your employer responded when you approached them about policies beyond FMLA? I'm hoping my meeting with HR tomorrow goes well, but I'm trying to prepare for different scenarios. Also, did you end up needing to file for any ADA accommodations or did your company's internal policies cover the extended leave period?
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Jamal Anderson
I'm in a similar boat - been on SDI since August for a shoulder injury and just found out my FMLA expired two weeks ago. Reading through all these responses has been really eye-opening about options I didn't know existed. I had no idea about CFRA potentially providing additional protection or that ADA accommodations could include extended leave. My employer hasn't said anything yet about my job status, but now I'm worried they're just waiting to make a move. Has anyone had success getting their company to voluntarily extend job protection even without legal requirements? I work for a smaller company (about 200 employees) so I'm not sure if all the same rules apply. Going to call HR first thing Monday morning after reading all this advice. Really hoping my SDI gets extended too since my physical therapy isn't progressing as quickly as expected.
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Emily Nguyen-Smith
•Your situation sounds really stressful, but you're smart to be proactive about this! Since you work for a company with 200+ employees, you should be covered by both FMLA and CFRA (companies with 50+ employees are subject to FMLA, and 5+ for CFRA in CA). The fact that your employer hasn't said anything yet could actually be a good sign - they might have internal policies or be waiting to see how your recovery progresses. When you call HR on Monday, definitely ask about any company-specific disability leave policies beyond what's legally required. Some employers do voluntarily extend job protection, especially if you've been a good employee and they want to retain you. Also ask about whether they consider extended medical leave a reasonable accommodation under ADA. Document everything from that conversation and follow up in writing. The key is being proactive and showing that you're engaged in the process while still focusing on your recovery. Good luck with your call!
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Diego Vargas
I've been following this thread closely as someone who went through a very similar situation about 6 months ago. One thing I want to emphasize that others have touched on but is really crucial - timing is everything here. Don't wait until your current leave period is about to expire to start these conversations. I made that mistake and it created unnecessary stress and complications. When you meet with HR, ask specifically about their "return to work" process and what accommodations they can provide during your recovery period. Some companies will allow modified duties or a gradual return-to-work schedule even if you can't do your full job yet. This can sometimes be easier for them to accommodate than extended unpaid leave. Also, if your company has an Employee Assistance Program (EAP), they often provide free legal consultations that can help you understand your rights. I used mine and got really valuable advice about navigating the whole process. Keep advocating for yourself - you have more options than you might think!
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Christian Burns
•This is such valuable insight about timing - thank you for sharing your experience! As someone who's new to navigating disability leave, I hadn't even thought about asking HR about modified duties or gradual return-to-work options. That could be a great middle ground if I'm cleared for light duties before being 100% ready for my full job responsibilities. I'm definitely going to ask about that tomorrow along with all the other suggestions from this thread. The EAP legal consultation tip is gold too - I'll check if my company offers that. It's reassuring to hear from someone who successfully navigated this process. Did you end up being able to return to your same position, or did your company make any permanent accommodations?
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Esteban Tate
As someone who works in HR and has dealt with these situations, I wanted to add a few practical points to this excellent discussion. First, when you meet with HR tomorrow, ask specifically about your company's "disability accommodation interactive process" - they're legally required to engage in this under ADA if you request it. Second, don't assume your job is automatically protected just because you're receiving SDI - those are completely separate systems. Third, if your company pushes back on accommodations, ask them to document their reasoning in writing. Many employers become more cooperative when they have to put potential ADA violations in writing. Finally, consider reaching out to your state's Department of Fair Employment and Housing (DFEH) for guidance - they have resources specifically for situations like yours. Remember, the law is generally on your side if you follow the proper procedures and document everything. Your chronic back condition likely qualifies as a disability under ADA, which gives you significant protections beyond FMLA.
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Megan D'Acosta
•This is incredibly helpful coming from someone with HR experience! I had no idea about the "disability accommodation interactive process" - I'll definitely use that exact phrase when I meet with HR tomorrow. The point about SDI and job protection being completely separate systems is really important and something I was confused about. I'm going to write down all these key phrases and questions before my meeting so I don't forget anything. The suggestion about DFEH is great too - it's good to know there are state resources available if I need them. Thank you for emphasizing that my chronic back condition likely qualifies under ADA. That gives me more confidence going into this conversation. I really appreciate you taking the time to share your professional perspective on this!
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Giovanni Mancini
I've been watching this thread as someone who went through almost the exact same situation last year with a chronic condition. The advice here is spot on - especially about being proactive and documenting everything. One thing I'd add is to also check if your company participates in any voluntary disability insurance programs through providers like Aflac or MetLife. These sometimes have different job protection provisions than state SDI. Also, when you talk to HR tomorrow, ask about their policy on "leave donation" programs where other employees can donate unused sick/vacation time to help cover your leave period. Not all companies have this, but it's worth asking. The most important thing I learned is that you have to be your own advocate throughout this process. Companies aren't necessarily trying to be difficult, but they often don't know all the options available either. Stay strong and remember that taking care of your health is the priority - everything else can be figured out!
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Ella Cofer
•Thank you so much for mentioning the voluntary disability insurance programs - I hadn't even thought to look into those! I'll definitely ask about Aflac or MetLife options tomorrow. The leave donation program is also something I never would have known to ask about. It's amazing how many resources and options exist that you don't know about until you're in this situation. Your point about being your own advocate really resonates with me. I've been feeling so overwhelmed by all of this, but reading everyone's experiences and advice here has given me the confidence and knowledge I need to have productive conversations with my employer. Thank you for the reminder that taking care of my health comes first - sometimes I need to hear that when I'm worried about everything else!
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Reginald Blackwell
This thread has been incredibly informative for someone like me who's currently navigating a similar situation with a chronic illness. I'm about 8 weeks into my FMLA leave for lupus and already getting anxious about what happens when it runs out. Reading through everyone's experiences has really opened my eyes to options I didn't know existed - especially the ADA accommodation angle and the interactive process requirement. One thing I'm curious about that hasn't been mentioned yet: has anyone dealt with intermittent leave situations where you might need ongoing time off for flare-ups even after returning to work? My rheumatologist mentioned this might be necessary for my condition, but I'm not sure how that works with job protection once FMLA is exhausted. Also, for those who successfully got extended leave as an ADA accommodation, how long were you able to get approved for? I'm worried my employer will say a few months is "reasonable" but anything longer becomes an "undue hardship." Thanks to everyone sharing their experiences - it's making me feel much more prepared for these conversations!
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Carmen Ruiz
•Great question about intermittent leave! I actually dealt with this exact situation with my autoimmune condition. Once FMLA is exhausted, intermittent leave can still be covered under ADA as a reasonable accommodation - the key is getting your doctor to document that periodic absences are medically necessary due to your disability. For the duration question, I was initially approved for 6 months of extended leave, but was able to get it extended to almost a year total by providing updated medical documentation every few months showing my condition was still preventing me from working. The "undue hardship" threshold is actually pretty high - employers have to prove significant difficulty or expense, not just inconvenience. Document all your flare-ups and symptoms to build a strong case for why ongoing flexibility is medically necessary. Your rheumatologist's support will be crucial in this process!
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Luca Russo
I'm currently dealing with a very similar situation and this thread has been a lifesaver! I'm about 10 weeks into my FMLA for a chronic pain condition and just realized I need to start preparing for what comes next. One thing I wanted to add that might be helpful - my doctor mentioned that when requesting ADA accommodations for extended leave, it's really important to frame it as "temporary" with an expected return date, even if that date might need to be adjusted later. Apparently employers are more willing to approve accommodations when they don't seem open-ended. Also, I discovered that some companies have "disability case managers" who work with employees on these situations - it might be worth asking if your company has someone in that role who could help coordinate between HR, your doctor, and any insurance providers. They're usually more knowledgeable about all the available options than regular HR staff. Thanks to everyone who's shared their experiences here - it's giving me hope that there are ways to navigate this successfully!
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Giovanni Greco
•This is such a smart point about framing extended leave as "temporary" with expected return dates! I hadn't thought about how the language we use could impact an employer's willingness to approve accommodations. The tip about disability case managers is really valuable too - I'm definitely going to ask about that in my HR meeting. It makes sense that they'd have more specialized knowledge than general HR staff. Reading everyone's experiences here has been so reassuring. When you're dealing with a chronic condition and worried about job security, it can feel really isolating. But seeing how many people have successfully navigated similar situations gives me confidence that there are real solutions out there. Thank you for adding these practical insights!
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Sebastián Stevens
This entire thread has been incredibly eye-opening as someone who's currently on week 6 of FMLA for a spinal injury and dreading what happens when it runs out. I had no idea about so many of these options - CFRA, ADA accommodations, the interactive process requirement, company-specific disability policies. It's honestly overwhelming how much there is to navigate, but also reassuring to know there are potential protections beyond just the basic 12 weeks. One thing I'm wondering about that I haven't seen mentioned - has anyone dealt with workers' compensation claims alongside SDI? My injury happened at work but the WC claim is moving slowly, so I'm currently on SDI while that gets sorted out. I'm not sure if that changes any of the job protection dynamics or if there are different rules when it's a workplace injury. Also, for those who've had success with HR meetings about extended accommodations - any tips on what NOT to say? I tend to overshare when I'm nervous and I don't want to accidentally say something that hurts my case. Thank you all for sharing your experiences so openly. It's making what felt like an impossible situation feel much more manageable knowing there are people who've been through this and come out okay on the other side!
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