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Caleb Stone

Can I collect unemployment while on leave of absence from my job in California?

So I've been on an unpaid leave of absence from my job for about six weeks now and I'm starting to seriously stress about money. My employer approved the leave but didn't say anything about whether I could file for unemployment during this time. I'm in the healthcare support industry and my hours have been cut so drastically that I basically had no choice but to request the leave. I went ahead and filed a UI claim with California EDD last week and now I'm second-guessing everything. My question is - can I actually collect unemployment benefits while I'm on an approved leave of absence? I'm not technically laid off, I still have a job to go back to, but I'm also not working or getting any income right now. Has anyone been in this situation before? I don't want to commit fraud or do something wrong but I also genuinely need the income right now. My claim is currently sitting there with no determination yet and I honestly have no idea if it's going to get approved or denied.

This is actually a really common situation and the answer is kind of complicated. Whether you can collect unemployment while on a leave of absence depends heavily on WHY you're on leave and who initiated it. If your employer forced the leave on you or reduced your hours so severely that you had no real choice but to request leave, California EDD may consider that a constructive layoff situation. On the other hand if you voluntarily requested time off for personal reasons, California EDD might consider that a voluntary quit without good cause which could disqualify you. The fact that you mentioned your hours were drastically cut before the leave is actually significant - make sure you explain that clearly in your claim.

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That's helpful context thank you. I did initiate the leave request but genuinely because there weren't enough hours to make it worth coming in. Like they had me down to maybe 6-8 hours a week from a regular 40 hour schedule.

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That's a really important distinction. Reduction in hours to that degree - from 40 hours to 6-8 hours per week - is typically considered a significant change in your employment conditions. California EDD has specific guidelines about this. You should document everything about when your hours were cut, by how much, and any communication with your employer about it.

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This is correct. California EDD looks at whether you had 'good cause' for leaving. A dramatic hour reduction like that usually qualifies. Keep all your pay stubs showing the hour drop.

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went through almost this exact thing last year. had my hours cut to nothing basically and my employer called it a 'temporary schedule reduction' but told me to take leave. filed for UI and it went into adjudication for like 5 weeks before they approved it. the key thing they asked me about was whether I had refused any work during the leave period and whether I was available and able to work during the time I was claiming

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Oh interesting - so they did approve it eventually? That gives me some hope. Did you have to do anything specific to get through the adjudication?

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mostly just waited lol. they sent me a questionnaire asking about the circumstances of the leave and I answered it honestly. just explain the hours situation clearly and youll be ok

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Same here, my adjudication took forever but got resolved. The questionnaire is important, answer every question thoroughly don't leave anything blank

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I want to flag something important for anyone reading this thread - you MUST continue filing your weekly certifications even while your claim is in adjudication. A lot of people stop filing because they think they have to wait for approval first and then they lose those weeks of benefits. Keep certifying every week and mark that you were available and able to work, which you need to actually BE in order to collect. If you're on a leave of absence and you told your employer you're NOT available to work, that could be a problem for your UI claim.

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Wait this is really important - does being on an 'approved leave of absence' count as not being available for work? Like does the leave status affect my able and available certification?

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It can. If your leave is medical leave and you're physically unable to work, that would make you ineligible for UI. If it's just unpaid personal leave and you would actually accept a job offer from another employer, you'd likely qualify as available. California EDD's definition of available for work is pretty broad - it means available to ALL employers not just your current one.

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this is the part that confuses people most. you can be on leave from job A but still be considered available for work for UI purposes if you'd accept a job from employer B. the leave of absence is technically from your specific employer not from the workforce

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Okay so I was in a similar spot a few months back and I could NOT get through to California EDD by phone to ask them about my leave of absence situation before filing. Kept getting the 'we are experiencing high call volume' message and getting hung up on. Someone on another forum mentioned Claimyr and honestly it was a lifesaver. You go to claimyr.com and it basically holds your place in the EDD phone queue and calls you when an agent is available. There's a demo video at https://youtu.be/JmuwXR7HA10 that explains how it works. I was able to actually talk to a real EDD agent and get my leave of absence situation explained before I filed incorrectly. Saved me from potentially making mistakes on my claim.

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I've been trying to call EDD for days with no luck. I'll definitely check that out, I really want to talk to a real person about my specific situation before I answer any adjudication questions wrong.

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does that actually work?? I've been trying to reach edd for 2 weeks

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Yes it worked for me. Took a few hours but I got a callback and actually spoke with a live EDD agent. Way better than hitting redial for hours.

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gonna try this. been getting the busy signal for so long I gave up calling

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From a technical California EDD standpoint, here's what actually determines eligibility during a leave of absence: 1. REASON for leave matters enormously. Voluntary personal leave with no compelling reason = likely disqualified. Employer-initiated leave or leave taken due to drastic hour reduction = more likely eligible. 2. AVAILABILITY requirement must be met. You need to certify honestly that you're available and able to work each week. 3. JOB SEARCH requirements still apply in most cases. You typically need to be actively looking for work, completing your required job search activities each week in California. 4. RELATIONSHIP with your employer - if you have a definite return date and your employer expects you back, EDD may view this differently than if your return is uncertain. The key question EDD will investigate during adjudication is whether you left work voluntarily without good cause, or whether circumstances effectively forced the situation.

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This is super helpful, especially point 4. I do have a tentative return date but it's not firm, my manager just said 'when hours come back.' Is that considered a definite return date?

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An indefinite return date like 'when hours come back' is generally not considered a firm return date by EDD. That actually works in your favor - it supports the position that you were effectively displaced from your job due to the hour reduction, not just taking a temporary personal vacation from work.

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Agreed. The indefinite return timeline plus the 40-to-6-hour reduction is a strong case for eligibility. Make sure those details are in your claim narrative.

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ugh I hate that EDD makes this so complicated. I was on leave once and they DENIED me and I had to appeal and the whole thing took months. I answered honestly that I was on an approved leave and they immediately flagged it. my advice is be very very careful about how you word things when you describe your situation to EDD

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That's a bit scary to hear - did you eventually win the appeal?

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yes but it took forever. the appeal hearing was actually fine once I explained the whole situation in detail with documentation. the initial determination just goes off what you write in the form which isn't always enough context

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This is why being thorough in your initial filing is so important. The more detail you provide upfront the less likely it goes sideways in adjudication

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wait are you also supposed to be doing job searches while on leave?? if youre expecting to go back to your employer why would you look for another job that seems weird

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Yes, job search requirements generally still apply for UI claims in California. There are exceptions - like if you're on an approved 'standby' status because you have a definite return to work date within 60 days, EDD can waive the job search requirements. But if your return date is indefinite like OP's, you'd likely need to be conducting job searches.

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ohhhh ok I didnt know about the standby thing. so if your boss gives you an actual specific return date you might not have to job search?

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Correct. Standby status is specifically for situations where you have a definite return to work date. You apply for it separately and if approved, you're exempt from the normal job search activity requirements while still collecting UI benefits.

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Something else nobody has mentioned yet - your employer's response to EDD matters a lot in these situations. When you file a UI claim, EDD notifies your employer and they have a chance to respond about the circumstances of your separation or leave. If your employer says something like 'employee voluntarily requested leave for personal reasons with no work-related cause' that's going to hurt your claim. If they confirm the hours reduction was the reason, that helps you. Do you know if your employer knows you filed?

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I haven't told them I filed. Should I? I'm worried about how they might respond.

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You're not required to tell them but EDD will contact them. Just make sure your version of events is accurate and detailed in your claim. If your employer disputes it, EDD will hold a fact-finding interview with both sides.

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The employer's response doesn't automatically determine the outcome - EDD does their own investigation. But consistency between what you say and what your employer says does matter.

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I'm dealing with something similar except my leave is partially medical related. I had an injury that made it hard to do my job and my hours were already getting cut so I requested leave. Does medical leave change things for UI eligibility?

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Medical leave significantly complicates UI claims. If you're physically unable to perform work due to a medical condition, you would NOT be eligible for UI because you don't meet the 'able to work' requirement. However, California has SDI (State Disability Insurance) through EDD which might cover you in that situation. You'd want to file for SDI rather than UI if the medical condition is preventing you from working.

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Oh I didn't know SDI was an option. I'll look into that. My injury is mostly healed now but it was the reason I originally took leave.

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If your medical condition has resolved and you're now able to work, you could potentially qualify for UI going forward. The 'able to work' determination is based on your current status when you're certifying, not necessarily what initially caused the leave.

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One thing I want to add based on my experience - make sure you're really clear about whether this is a TEMPORARY layoff situation or a genuine leave of absence when you file. California EDD treats those differently. A temporary layoff means the employer reduced your hours or put you out of work temporarily but there's an expectation you'll return. A leave of absence means you requested time off from an employer where you still have a job. Both can potentially qualify for UI but they're handled differently in adjudication.

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Honestly the line between those two things feels really blurry in my situation. My employer didn't lay me off, I requested the leave. But the request was because they basically had no hours for me.

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Right that's the gray area a lot of people end up in. The key thing EDD looks at is - who took the action that resulted in you not working? If your employer reduced hours so much that you had no real option but to leave, that's closer to a constructive layoff than a voluntary leave.

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Constructive' layoff is exactly the right framing. Look up California'EDD s definition of good cause for leaving - an employer substantially changing the terms of (employment like a massive hour) reduction is specifically listed as goodcause.

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Just wanted to follow up on the Claimyr thing I mentioned earlier - if you do use it to reach an EDD agent, when you get through make sure to ask specifically about how to describe your leave situation in your claim, whether you qualify for standby status with your employer, and whether your hour reduction qualifies as good cause. Those three questions answered by an actual EDD rep will give you way more clarity than anything you'll read online. The agent I spoke with was actually really helpful once I got through.

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This is helpful guidance on what to actually ask when I get through. Thank you for the follow up.

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tried claimyr yesterday after seeing this thread, got a call back from EDD this morning. asked them exactly these questions and they were super clear about it. definitely recommend

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ok this thread convinced me to try it too I've been avoiding calling because it seemed pointless

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Not to add more stress but there's another thing to consider - if EDD DENIES your claim, you have 30 days from the date of the determination to file an appeal. Don't miss that window. I've seen people get denied on leave of absence claims who had totally valid cases, they just didn't present the information clearly enough in the initial filing. Appeal hearings give you a much better chance because you can actually explain your situation verbally with an administrative law judge.

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I'm hoping I don't need to appeal but it's good to know the 30-day window. Does the appeal process take a long time?

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It varies but you're usually looking at 4-8 weeks after you file the appeal before your hearing is scheduled. During that time you keep filing weekly certifications. If you win the appeal you get all the weeks you were certified for.

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mine took about 6 weeks for the hearing date. the hearing itself was pretty quick like 30-45 minutes. just be prepared to explain everything and bring your documentation

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Something that might help your adjudication go faster - if you have any written communication from your employer about the hour reduction (emails, texts, a written schedule showing the drop from 40 to 6 hours, anything) save all of that. EDD sometimes asks for supporting documentation and having it ready speeds things up. Also look for any written communication about the leave approval itself.

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I have some text messages from my manager about the schedule and I have my old pay stubs showing the hour drop. I'll save all of those.

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Perfect. Pay stubs are excellent documentation because they're official records. If EDD requests documentation you can upload it through your UI Online portal.

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Yes UI Online document upload is way better than faxing or mailing. Makes the process faster in my experience.

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I want to circle back to the weekly certification piece because this is really important. When you're certifying each week and they ask if you were physically and mentally able to work - answer yes if you actually were. When they ask if you were available for work - answer yes if you would have accepted a job offer. When they ask if you looked for work - you need to have actually done job search activities and record them. Don't certify yes to job search if you didn't do any. California EDD does audit these things and you don't want an overpayment notice later.

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How many job search activities are required per week in California right now?

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Currently it's a minimum of one job search activity per week in California, though some regions may require more. Activities can include applying for jobs, attending job fairs, using CalJOBS, taking career workshops, etc. Keep a log of everything including dates, employer names, contact info, and type of activity.

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Good clarification. And keep those records for at least 18 months because EDD can audit your job search activities retroactively during that window.

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this whole thread is making my head spin. I've been on leave for two months and just assumed I couldn't collect unemployment and never even tried to file. could i have been getting benefits this whole time??

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Potentially yes, depending on your circumstances. You can file a back claim with California EDD but there are time limits - generally you need to file within certain timeframes or you may lose those weeks. I'd suggest filing immediately and explaining the circumstances.

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oh no. going to file right now. wish I had found this thread sooner

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File the claim and explain you had a good faith belief you were ineligible. EDD can sometimes approve backdated claims if there's reasonable explanation for the late filing.

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I actually went through this exact situation - on leave, not sure if I qualified, filed anyway, went into adjudication for 3 weeks, and then got approved for full benefits. The thing that seemed to make the difference was being very specific in the reason I gave for the leave. Instead of just writing 'approved leave of absence' I wrote out the full situation - employer reduced hours from 40 to 8 per week over two months, making the position economically nonviable, resulting in leave request. Try to use language that frames it as a response to employer action rather than a personal choice.

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This is probably the most directly useful advice in this whole thread honestly. Thank you for sharing the framing language.

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Good luck! The waiting is the hardest part. Make sure you keep certifying every single week no matter what.

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Really good advice. The framing of 'employer action caused the situation' vs 'personal choice' is exactly what EDD adjudicators are looking for when they evaluate good cause claims.

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UPDATE for anyone following this thread - EDD has been really inconsistent about leave of absence claims from what I've seen in various forums. Some people with basically identical situations get approved, some get denied on the first determination. It really seems to depend on which analyst reviews your claim. Don't be discouraged if you get denied initially - that appeal process exists for a reason and a LOT of initially denied claims get overturned on appeal.

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That's both reassuring and kind of unsettling. Fingers crossed my adjudication comes out on the right side.

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The odds are in your favor given the hour reduction you described. Keep us updated!

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This is true about inconsistency. Which is why talking to an actual EDD agent through claimyr.com before or during adjudication can help - you can ask them specifically what information they need to see in your claim to make the right determination.

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Really glad I found this thread. Quick question - if EDD approves my claim while I'm on leave, and then my employer calls me back to work, do I have to stop filing immediately? Like what happens if I go back to work mid-benefit year?

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Yes, you need to report any return to work on your weekly certification. If you return to full-time hours you would stop being eligible for UI. If you return to partial hours, you might still qualify for partial UI depending on how much you're earning. California EDD has earnings rules where you can earn up to 25% of your weekly benefit amount without reduction, and between 25-100% there are partial benefit calculations.

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Oh interesting so even if I go back part time I might still get something. That's good to know.

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Correct. And you're required to report all earnings accurately on your weekly certification. EDD cross-checks with employer wage records so don't underreport - the overpayment process is much worse than just being honest.

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UPDATE: My adjudication resolved! Got an approval notification this morning. 4 weeks after filing. I took the advice in this thread to be specific about the hour reduction being the driving cause of the leave and I think that really helped. Also spoke with an EDD agent using Claimyr which I mentioned earlier - the agent confirmed that my situation with the drastic hour cut qualified as good cause and that I should just be thorough in explaining it. Really grateful for everyone's input here. Hope this thread helps whoever finds it next searching for the same question!

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Congrats! Glad it worked out. Your update is going to be really helpful for the next person who finds this thread wondering if they can collect unemployment during a leave of absence.

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Great news! Make sure you keep up with those weekly certifications and job search requirements going forward.

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This is the update we needed! Happy for you. This thread has really good info for anyone in the same boat.

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Awesome outcome! The combination of good documentation, clear framing of the situation, and getting direct confirmation from an EDD agent really does make a difference. Congrats!

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