Can I get EDD benefits if fired for performance while on FMLA for mental health?

Hey, I was in a similar situation last year. Performance-based terminations are usually considered 'misconduct' by EDD which would disqualify you from benefits, BUT the fact that you're on FMLA for documented mental health issues actually works in your favor. Make sure you have documentation from your doctor that connects your performance issues to your mental health condition. When you file, be honest about everything - that you were fired for performance but that it was related to your documented medical condition. I got approved after my initial interview with EDD because I could show my decline was due to health issues, not willful misconduct. Good luck!

The key thing EDD looks at is whether your actions were 'willful misconduct' or beyond your control. Poor performance due to documented medical conditions is generally NOT considered misconduct. Make sure you keep copies of: - All FMLA paperwork - Medical documentation of your condition - Performance reviews (especially any good ones from before your health declined) - Any communications acknowledging your health struggles When you apply, be prepared for an eligibility interview where they'll ask about the circumstances. Be honest but emphasize that your performance issues were directly related to your health condition, not laziness or negligence.

my friend got fired for preformance last yr and still got unemployment because he argued his boss was targeting him unfairly. its worth trying even if they say no at first, u can appeal

Actually I don't think you can get unemployment if you're fired for cause. Performance issues count as cause. The EDD will side with the employer most of the time. FMLA protects your job but doesn't guarantee unemployment if you still can't perform the required duties. Just being realistic here.

I went through something very similar in 2024. Here's what happened: I was fired for 'performance' but it was actually due to my diagnosed anxiety disorder. EDD initially denied my claim because my employer just reported 'terminated for not meeting standards.' I had to request an appeal hearing and bring all my medical documentation. The judge ruled in my favor because I could prove my condition affected my work performance and wasn't intentional misconduct. If you're having trouble getting through to EDD to discuss your specific situation (which I did for WEEKS), you might want to check out Claimyr. They got me connected to an actual EDD rep in about 20 minutes when I couldn't get through at all on my own. Their site is claimyr.com and they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. It really helped me get my situation sorted out faster.

You should apply immediately after being terminated. Don't wait. The worst thing they can say is no and then you appeal. Also make sure when you file your claim you clearly state that your performance issues were caused by your documented medical condition. I filed last year and got approved pretty quick because I was upfront about everything.

Why are you assuming you'll be fired? Maybe focus on improving your performance or ask for accommodations under ADA instead of planning for unemployment? Just saying...

DONT LISTEN TO PEOPLE SAYING YOU CANT GET BENEFITS!!! The law is CLEAR that if you can't perform due to MEDICAL REASONS it is NOT misconduct!!! I had severe depression in 2023 and got fired for missing metrics and EDD approved me no problem!!! They did a phone interview and I just explained everything honestly. Make sure you tell them about the FMLA and medical condition FIRST before they even ask!!!

One more thing I forgot to mention - if your employer contests your claim (which they might), be prepared for an eligibility interview by phone. Have all your documentation ready and be clear that your performance issues were directly caused by your documented medical condition. In most cases, if you can establish this connection, you'll qualify for benefits even if initially denied. The process can take a bit longer if contested, but don't get discouraged.

Update: I was terminated today. They cited 'inability to meet essential job functions' despite accommodations. I've applied for unemployment online and answered honestly about everything. My claim status shows 'pending' and says I'll likely need a phone interview. Thanks everyone for your advice - I'll keep you updated on what happens.

Sorry to hear about the termination, but you've done the right thing by applying right away. The 'pending' status and phone interview are normal parts of the process when there's a job separation that needs clarification. Make sure you continue to certify for benefits every two weeks even while waiting for the interview and decision. Good luck with everything, and definitely update us on how it goes!

The interview scheduling depends on their current backlog, but typically you'll receive a notice in the mail with the date and time about 7-10 days before the interview. Currently, interviews are being scheduled about 2-3 weeks out. Just make sure you're available at the phone number you provided on your application during the scheduled time window, and have all your documentation ready.