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.
17 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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