Can EDD deny benefits for covid absences with doctor's notes? Work comp claim complicating things

You've actually got two separate potential eligibility issues here, but I think you're in a decent position for both if you have documentation. For the absences, having doctor's notes for COVID should qualify those as protected absences under CA labor code (even post-pandemic). The workers' comp situation actually strengthens your case because it suggests potential retaliation. During your eligibility interview: 1. Have your doctor's notes ready with dates matching your absences 2. Be prepared to explain the timeline of your workers' comp claim and when the work restriction violations started 3. Provide any emails/texts showing you informed them about your doctor's notes 4. If you have documentation of being assigned duties outside your restrictions, have those ready The interviewer will be primarily focused on whether your absences constitute misconduct, which they likely don't if medically documented.

THEY ARE PULLING THE SAME GARBAGE WITH ME!!!! I had long covid symptoms and missed work for 12 days (not all at once) and they fired me saying I "abandoned my job" even tho I called in EVERY SINGLE DAY and had documentation. My interview is next week and im TERRIFIED theyre gonna side with the employer. The system is such BS sometimes.

I had a similar situation last year with workers comp and then getting fired. Make sure you explain to the EDD interviewer that you believe this could be retaliation for filing workers comp (which is illegal). They can't legally fire you for getting injured and having work restrictions. For the COVID absences, California still has some protections even though the emergency orders ended. Did you apply for SDI during either of your COVID infections? That would actually help your case with the interviewer since it proves you were legitimately ill.

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It's definitely legit. They don't handle your claim or anything like that - they just help you actually reach EDD on the phone which is nearly impossible otherwise. They don't ask for any personal claim details. Saved me hours of redial frustration.

To directly answer your question: no, they cannot legally deny unemployment for absences that were medically documented, especially for COVID. Under CA employment law, this would fall under "good cause" absence. For your phone interview, be sure to clearly state that you provided medical documentation for EACH absence. The key phrase you want to use is "I had good cause for my absence due to medical reasons which were documented and submitted to my employer." Regarding the workers comp situation, this actually strengthens your case as it suggests potential retaliation which is illegal. Make sure to mention that the timing of your termination coincided with your work restrictions. Remember that the burden of proof is on the employer to show that you committed misconduct. Attendance issues only qualify as misconduct if they were within your control (which medical issues are not).

Having notes is absolutely fine and actually recommended! The EDD interviewer won't know you're using notes on a phone call. Just don't sound like you're reading a script - use them as reference points. I always suggest my clients prepare a timeline of events with specific dates for: - When you were sick (both COVID instances) - When you provided doctor's notes - When your work comp claim was filed - When work restrictions were issued - Specific incidents when they violated your restrictions - Any relevant conversations with supervisors/HR This way you sound organized and precise, which helps your credibility.

my brother got fired for calling out sick (not even covid just regular flu) and he still got approved for unemployment because he had a doctors note. your case sounds WAY stronger tbh especially with the workers comp angle. they're probably trying to get rid of u bc of the injury claim which is super illegal!! document everything!!!

Just to add another perspective - I work in HR (not for your company!) and what they're doing raises serious red flags. Having a doctor's note for COVID absences and then being terminated for those same absences could potentially be grounds for a wrongful termination suit, especially when combined with the workers' comp situation. For your EDD interview, stick to the facts and timeline. Don't get emotional or make accusations about retaliation (even if true). Just present the evidence: "I was absent on X dates due to COVID, provided doctor's notes on Y dates, and was still terminated for these absences." Let the interviewer draw their own conclusions. And remember: your employer will likely have a representative in the interview too. Don't be surprised if they try to bring up performance issues unrelated to attendance to justify the termination. Stay focused on the documented medical absences.

It varies. Sometimes the employer participates, sometimes they just submit documentation ahead of time. Don't panic - in my experience, when employers do join these calls and the employee has solid documentation (like your doctor's notes), it often backfires on the employer because they end up contradicting themselves or admitting things they shouldn't. Just remain calm and professional regardless of what they say. If they bring up issues that were never documented in your performance reviews or written warnings, politely state: "That issue was never brought to my attention during my employment and is not mentioned in my termination notice which only cites attendance."

hav u applied 4 disability 2? sounds like u qualify 4 both with ur situation. my cousin got EDD and then disability for her back injury when she got laid off

Based on everything you've shared, I think you have a strong case for unemployment approval. The fact that other employees had similar COVID absences but weren't terminated is very relevant - definitely mention that in your interview as it suggests potential discrimination or retaliation related to your workers' comp claim. As for the work restrictions issue, that's a separate potential violation but it reinforces the narrative that your termination wasn't truly about attendance but about your workplace injury. Bring any emails or documentation showing they were assigning duties outside your medical restrictions. One last tip - if for some reason your claim is denied (which I don't expect), remember you can appeal the decision. The appeal approval rate in California is actually quite high when employees have documentation.