Can I get EDD benefits if fired while COVID positive? Employer claims attendance issues

omg same thing happened to my cousin!!! his job fired him when he got covid last month. he got unemployment tho so u should be ok

That gives me some hope! Did your cousin have to appeal or anything? Or did EDD just approve him right away?

Being terminated while you were out sick with COVID is absolutely NOT misconduct. When you certify, make sure you clearly explain that you were following medical guidance to isolate after testing positive. Keep all documentation showing your positive test and doctor's orders.\n\nEDD will likely contact your employer for their side of the story. The employer might claim the absences were unexcused, but your medical documentation will counter that. If you do get denied initially, don't panic - appeal immediately and present your evidence at the hearing.

Thank you so much! I've saved all my test results and doctor's notes. Should I upload those documents to my UI Online account now or wait until they ask for them?

Upload them now through your UI Online account under

THEY CANNOT FIRE YOU FOR HAVING COVID!!! This is illegal discrimination and you should file a complaint with the labor board ASAP!!! I got fired during covid too and got both unemployment AND a settlement from my employer for wrongful termination!!

This isn't entirely accurate. While COVID illness is protected in many cases, it depends on company size, documentation provided, and whether reasonable accommodations were requested. The employer may have violated leave laws, but that's separate from the unemployment claim. \n\nOP should focus on the unemployment claim first, then consider consulting with an employment attorney about possible wrongful termination if they want to pursue that avenue.

well maybe my situation was different but my lawyer said it was 100% illegal!! anyway the OP should definitely get an attorney

when i certified last year i had to check the box that said i was ready and available to work and not sick anymore. make sure you say your available to work now or they might deny u

This is an important point. You need to be able and available to work to qualify for benefits. If you're still sick with COVID, you wouldn't be eligible for UI benefits for those weeks, but might qualify for State Disability Insurance (SDI) instead. Once you're recovered and able to work, then you can certify for UI benefits.

I had a similar situation last year. Got terminated while out with COVID (they claimed \

Thanks for the tip! I've been trying to call for 3 days now with no luck. I'll check out that service if I can't get through by the end of the week.

Everybody saying this is illegal termination doesn't understand that California is an at-will employment state. They can fire you for almost any reason except specifically protected classes. Being sick isn't necessarily protected unless you qualified for and properly requested FMLA or CFRA leave, which requires forms and has eligibility requirements.\n\nFor your unemployment claim, what matters is if you were fired for misconduct. Getting sick is NOT misconduct. Make sure to emphasize that you provided documentation and followed proper call-out procedures. You'll likely need to do a phone interview with EDD to explain what happened.

but COVID was specially protected during the pandemic! there were special laws!

Most of those special COVID protections expired in 2022/2023. The current situation depends on whether OP's employer has 5+ employees (CA COVID sick leave might apply) and whether proper documentation was provided. But for unemployment purposes, what matters is there was no willful misconduct, which should make OP eligible regardless.

My company definitely has more than 5 employees (large warehouse). I did provide documentation, but maybe they're claiming I didn't follow proper notification procedures? I texted my supervisor and called HR when I got my positive test.

To directly answer your question: Yes, you can potentially qualify for unemployment benefits if you were terminated due to COVID-related absences. Here's what you need to know:\n\n1. Misconduct in UI terms means a deliberate disregard for the employer's interests. Being sick with COVID and following medical advice to isolate is not misconduct.\n\n2. Document everything: dates you notified your employer, copies of positive tests, doctor's notes, texts to your supervisor, etc.\n\n3. You'll likely have a phone interview (called an eligibility determination interview). Be prepared to explain your situation clearly.\n\n4. If you're denied, appeal within the deadline (usually 30 days). Many initial denials are overturned on appeal.\n\n5. While this process plays out, continue to certify for benefits every two weeks and conduct your required job searches.

Thank you for breaking it down so clearly! I'll gather all my documentation and prepare for the interview. Do you know how long it typically takes to get scheduled for the eligibility interview?

Currently, eligibility interviews are taking about 3-4 weeks to get scheduled. Keep certifying for benefits while you wait. If your claim is approved after the interview, you'll receive all back payments for the weeks you certified.

Got it. I appreciate all the help from everyone. Feeling much better about my chances now!