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Katherine Harris

Can you collect unemployment if you are on leave without pay in California?

So I've been on leave without pay from my job for about six weeks now. My employer put me on LWOP after a department restructuring basically eliminated my role, but they haven't technically laid me off — they just said there's no work available and to take unpaid leave until something opens up. I'm a warehouse supervisor and have been with this company for four years, so I really don't want to just quit and burn that bridge. Here's where I'm confused: can you collect unemployment if you are on leave without pay? My coworker told me I probably can't file because I still technically have a job, but that doesn't seem right to me. I'm bringing in zero dollars right now and my bills aren't going to wait around for my employer to figure out their staffing situation. I went to the California EDD website and tried to read through the eligibility requirements but honestly it's written in a way that made things MORE confusing. Something about being "able and available" for work and not being "attached to an employer" — but what does that even mean when you're in limbo like this? Has anyone been in this kind of LWOP situation and successfully filed a UI claim? Did California EDD count the leave as voluntary or did they treat it as a layoff? I really need to figure this out before my savings completely run out.

This is actually a really common situation and the answer is: YES, you likely can collect unemployment benefits while on leave without pay — but it depends on the specific circumstances. California EDD evaluates LWOP cases based on whether the leave was employer-initiated or employee-initiated. Since your employer told you there's no work and placed you on unpaid leave, this is much closer to a layoff situation than a voluntary leave. The key distinction California EDD makes is whether you had a "reasonable assurance" of returning to work. If your employer hasn't given you a concrete return date, that strengthens your claim significantly. File now — don't wait for your employer to make up their mind.

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Thank you, this is exactly what I needed to hear. So when I file, should I indicate that I was laid off or use a different separation reason? I don't want to check the wrong box and have my claim thrown into adjudication over a technicality.

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what that person said is right, my sister went through exact same thing like 2 years ago and she got approved. just make sure you tell them the truth about the leave being the employers idea not yours

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Also worth noting — California EDD does have a specific category for "lack of work" which is different from a traditional layoff. When you file online through UI Online, look for options that describe your employer not having available work for you. That framing is important for avoiding unnecessary adjudication delays.

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Your coworker is wrong, and this misconception trips up SO many people. Having a job title doesn't mean you're ineligible for UI. California EDD looks at whether you are actually earning wages and whether the reduction in work was due to circumstances outside your control. Zero hours and zero pay because your employer restructured? That's a qualifying separation in California. File ASAP because your benefit year starts from the week you file — you can't go back and claim those six weeks you've already been sitting at home unpaid.

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Wait, so I've potentially already lost six weeks of benefits by not filing sooner?? That's really frustrating. I wish I had known this earlier.

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Yep unfortunately that's how it works. California EDD doesn't backdate claims unless you had some kind of verifiable reason you couldn't file — like hospitalization or something. The system really penalizes people for not knowing their rights.

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This is such a critical point. The benefit year clock starts ticking from your filing date, not from when your work stopped. I lost almost three weeks of potential benefits myself because I kept thinking my employer was going to call me back. File immediately even if you're not 100% sure you qualify — worst case they deny you and you can appeal.

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I had almost the exact same situation last year — placed on indefinite unpaid leave after my company lost a major contract. Spent two weeks trying to get through to California EDD by phone to ask a simple question about my eligibility before filing. Kept getting disconnected or sitting on hold for two-plus hours before getting cut off. A friend told me about Claimyr (claimyr.com) and honestly it was a game changer. They basically get you connected to an actual California EDD agent without you having to do the hold marathon yourself. There's a demo video at https://youtu.be/JmuwXR7HA10 that explains how it works. I was able to actually talk to someone, confirm I was eligible to file during LWOP, and get my claim moving the same week. For anyone stuck in limbo on a question like this, being able to talk to an actual agent is worth so much.

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I've been trying to call EDD for days and cannot get through at all. I'll definitely check out that Claimyr link, thank you.

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does that actually work? i tried calling edd like 50 times over two weeks and never got through once

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It genuinely worked for me. I was skeptical too honestly but I needed to talk to someone official before I filed because my situation was complicated. Got connected within the same day.

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I've heard about this service from a few people in different forums. Seems like a legit solution for the EDD phone wall that everyone hits eventually.

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Ok so I want to make sure I understand this correctly because I'm kind of in a similar boat. If I'm on LWOP but my employer hasn't said I'm fired or laid off, when California EDD contacts my employer to verify my claim, won't my employer say I still work there and mess everything up? Like could that cause an issue with my claim being denied or flagged?

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California EDD doesn't just ask "does this person work here" — they ask about the reason for separation and the claimant's hours and wages. An employer confirming you're still technically employed but on unpaid leave with no scheduled return actually SUPPORTS your claim, not hurts it. The lack of wages is the key factor, not your employment status on paper.

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Oh okay that makes more sense. I was worried my employer would somehow get me in trouble for filing but that doesn't sound like it would happen.

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Your employer also has limited ability to contest your claim if the leave was their decision. If they try to say you voluntarily chose the leave, that's where things get complicated. Document everything — any emails, texts, or written communications where your employer said there was no available work for you.

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been on lwop before and filed ui. got approved no problem. just answer the questions honestly on ui online and don't overthink it

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How long did it take to get your first payment after filing?

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took like 3 weeks for my first deposit to hit. the waiting week is unpaid so factor that in

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yeah the first week is always unpaid, its just how california edd works regardless of your situation

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One thing nobody has mentioned yet: while you're collecting UI during LWOP, you need to be treating yourself as available for OTHER work too, not just waiting around for your employer to call you back. California EDD requires you to be actively looking for work and documenting at least one job search activity per week (though three per week is the standard requirement now). If your employer calls you back and offers you your position at the same pay, you'd be expected to return. If you refuse a suitable offer from them, California EDD could disqualify you going forward. Just something to be aware of as you're planning this out.

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That's a good point — I've been kind of assuming I'd just pause everything until my employer figures things out, but I should probably be treating this as a real job search in case they never call back.

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Exactly right. And document your job search activities in your UI Online account each week when you certify. Keep a log with dates, employer names, and type of contact. California EDD can audit this and you want to be prepared.

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Wait so you HAVE to be looking for other jobs even if you want to go back to your original employer? That seems annoying but I guess it makes sense

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I'm going through something similar right now and I honestly cannot get a straight answer from California EDD's website about whether my specific LWOP counts as qualifying. I've submitted two contact forms and heard nothing back. Starting to wonder if I should just file and let them figure it out, or if filing without being sure will cause some kind of penalty if I turn out to be ineligible.

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Filing when you're unsure is not a penalty situation as long as you answer honestly. If California EDD determines you're not eligible, they'll notify you and you can appeal that determination. What you want to AVOID is making false statements on your claim — that's where people get into trouble with overpayment notices and fraud flags. But filing a claim that gets denied is just a normal part of the process.

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Okay that helps. I think I've been paralyzed by fear of doing something wrong. I'll just file and be completely honest about my situation.

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That fear is real and understandable but yeah, just file. The worst realistic outcome is a denial you can appeal, not some kind of punishment for trying.

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Honestly the whole "available for work" requirement during LWOP feels like a catch-22 to me. My employer expects me to be on call in case work opens back up, and if I'm out interviewing I might miss the call. Anyone dealt with that tension? Can California EDD count you as available even if your availability is somewhat restricted by your original employer's expectations?

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California EDD's able and available standard requires you to be available for FULL TIME work in your usual occupation or a similar occupation. If your original employer expects you to be on standby in a way that would prevent you from accepting another full-time job, that could create a problem with your able and available status. However — being on informal standby that doesn't actually restrict you from interviewing or accepting work is different. If you're really just waiting by the phone without any formal standby agreement, you're likely fine.

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There's no formal standby agreement, my employer just kind of said "we'll let you know when there's work." So that should be fine then?

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Right, an informal expectation isn't the same as a formal standby arrangement. For formal standby status with California EDD (which is a specific program), your employer actually has to file paperwork and there are different rules. Without that formal arrangement, you're just a regular UI claimant who needs to meet the standard job search requirements.

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sorry for the off topic but I've been following this thread and realized I might have been WRONG to not file when my hours got cut to 10 a week. like I still technically had a job but I went from full time to basically nothing. can you file partial unemployment in california?

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Yes! This is actually a great point for anyone reading this thread. California does have provisions for partial unemployment — if your hours and wages are significantly reduced and you earn less than your weekly benefit amount, you can file what amounts to a partial claim. Your weekly benefits are reduced based on what you earned that week but you can still receive partial payments. Absolutely worth filing if you're at 10 hours a week.

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oh my gosh okay I'm filing today. I've been struggling for months thinking I couldn't file because I had some income

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This is such a common misunderstanding. Even part-time workers can often qualify for partial UI benefits in California. Don't assume you're ineligible just because you have some work.

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Update for anyone following: I went ahead and filed my claim this morning through UI Online. The separation reason options were a bit confusing but I selected "lack of work" since that's the most accurate description of my situation. The system flagged my claim for employer verification before showing any status. Has anyone had this happen and how long does it usually take?

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employer verification usually takes a week or two in my experience. they send something to your employer and wait for a response

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This is normal. California EDD notifies your employer and gives them a window to respond. If they respond confirming the lack of work situation, things typically move faster. If they contest it (which seems unlikely given your circumstances), it goes to adjudication. Just make sure you're filing your weekly certifications every week even while waiting — don't stop certifying or you'll lose those weeks.

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Oh good call, I wasn't sure if I was supposed to certify before my claim was approved. I'll make sure to do that starting this week.

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Something that bit me when I was on LWOP and collecting UI — I didn't realize that if my employer called me back to a DIFFERENT position at reduced pay, I might still be obligated to accept it or risk disqualification. Like I was a project manager and they offered me back a coordinator role at less money. I thought I could just say no since it wasn't my original job. California EDD actually said I had to accept it since it was deemed "suitable work" given how long I'd been out. Just a heads up for anyone in a long-term LWOP situation.

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Wait really?? So they can force you to take a lower paying job or lose benefits? That seems really unfair

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I mean, "force" is strong — you can decline and appeal the suitable work determination, but it puts your claim at risk. The longer you've been unemployed, the more California EDD broadens the definition of what counts as suitable work for you. It's a frustrating rule but it's real.

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This is accurate. California law does allow EDD to expand the definition of suitable work over time. In the first few weeks, they tend to consider your previous occupation and wage level as the benchmark. After several months, they broaden the definition considerably. The appeal process exists for situations where you genuinely believe the offered work isn't suitable, but it takes time.

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ughhh the more I learn about this system the more frustrated I get. So many hidden rules that nobody tells you about until they're already affecting your benefits

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I spent like 3 months on LWOP last year and the worst part was trying to get anyone at California EDD on the phone when I had questions. I eventually found out about Claimyr at claimyr.com and I want to echo what someone said upthread — it genuinely helps you get through to an actual EDD agent. Used it twice during my claim period when I had specific questions about my situation and both times got connected way faster than any time I tried calling on my own. For anyone dealing with a complicated LWOP scenario where you really need to speak with a human at EDD, it's worth looking at. Check the video at https://youtu.be/JmuwXR7HA10 to see how it works before you sign up.

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How long does it usually take using that service compared to calling yourself?

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When I called myself I never actually got through — just endless holds or disconnects. With Claimyr I got connected to an EDD agent within a few hours both times I used it.

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I've spent like 4 hours total on hold with EDD over the past two weeks with zero success. Might actually try this.

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Let me add some clarity on the job search requirement question since I've seen some confusion in this thread. For regular UI claimants in California, the current requirement is three job search activities per week. These activities include applying for jobs, attending job fairs, completing a job skills workshop, creating a resume, and several other qualifying actions — it's not limited to just submitting applications. You log these in UI Online when you certify each week. California EDD does conduct random audits, so keeping a personal log with dates and details (beyond just what you enter online) is smart practice.

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Three activities per week — got it. I was worried this would be harder to meet but that seems manageable, especially since things like updating a resume count.

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do they ever actually audit this or is it mostly just like a checkbox thing

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They do audit — it's not just a checkbox. In my time working adjacent to this field I've seen people get flagged for inadequate job search documentation. It's not super common but it happens, and when it does you have to repay benefits received during non-compliant weeks. The three activities per week standard really isn't hard to meet if you're genuinely looking.

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Okay genuine question — I'm seeing people in this thread talk about their employers "contesting" a claim. Does that actually affect whether you get paid or does California EDD make their own determination? My employer is not going to be happy that I'm filing while on LWOP and I'm worried about retaliation somehow

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California EDD makes its own determination — your employer's opinion is one data point, not the final word. If your employer contests your claim by saying you left voluntarily or refused work, that triggers adjudication where EDD investigates. But if the facts support your version (employer-initiated LWOP due to lack of work), you should be fine. As for retaliation — your employer cannot legally retaliate against you for filing a UI claim in California. If they did, that would be an entirely separate legal issue and you'd have remedies available to you.

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Okay that's reassuring. I think my employer might try to say I chose to take the leave but I definitely have emails showing they told me there was no work. Saving all of those.

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Those emails are gold. Keep them organized and accessible. If this goes to adjudication or even a hearing, having written documentation from your employer stating there was no available work is exactly the kind of evidence that wins these cases.

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went through edd appeals process when my employer tried to say i quit voluntarily and i won because i kept all my texts. documentation is EVERYTHING with this system

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That's really encouraging to hear. I'm definitely saving every communication I have.

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Appeals are so stressful though. I had one that took almost three months to resolve. The whole time you're stressing about whether you're going to owe money back.

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Random question for the thread — if you get called back to your job while you're collecting UI during LWOP, do you have to report it the same week you go back or can you wait until your next certification? I want to make sure I handle this correctly when it happens.

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You report it on your weekly certification for the week you returned. When you certify, you'll indicate the days you worked and the wages you earned. If you returned mid-week, you just report the wages from those specific days. Don't try to claim a full week of benefits for a week where you were back working — that's the kind of thing that creates overpayment issues later.

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Perfect, that makes sense. I just wanted to make sure I didn't accidentally under-report or over-report something.

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Also when you return to full-time work, make sure you DON'T certify for weeks after your return unless you're still doing partial work below your benefit amount. A lot of people forget to stop certifying and end up with overpayment notices months later.

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reading this whole thread because I'm in the exact same LWOP boat and honestly the amount of information here is both really helpful and really overwhelming. I feel like I need to print this out and make a checklist lol

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Ha, same honestly. But this thread has been way more useful than anything on the actual EDD website.

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Short version checklist: 1) File immediately if you haven't, 2) Certify every week without exception, 3) Document three job search activities per week, 4) Save all communications from your employer, 5) If you can't get answers by phone, look into Claimyr at claimyr.com to actually reach an EDD agent. That covers the major bases.

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This is exactly the summary I needed. Thank you!

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One more thing worth mentioning from my own experience with a LWOP claim — when you certify each week, answer the questions about being able and available for work as honestly as possible. There's a question about whether anything prevented you from working during that week. Unless you were sick, had a medical issue, or had some other genuine barrier to working, you should be answering that nothing prevented you. I got dinged one week because I mentioned a minor family obligation and it triggered a whole review of my "able and available" status for that period.

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Oh wow I wouldn't have thought that question was such a big deal. Good to know.

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This is important. "Able and available" is a continuing eligibility requirement, not just something you establish at the start. California EDD looks at it week by week. If you indicate any barriers to working in a given week, be prepared for follow-up questions about what that means for your eligibility.

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Exactly — and it's not that you can NEVER have anything come up, but the way you phrase it and whether it was a complete barrier to all work vs. a minor inconvenience makes a big difference in how EDD processes it.

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Jumping in late but just want to say — I used Claimyr when I was trying to get information about a LWOP claim and couldn't reach anyone at California EDD for over a week. Got connected to an agent who walked me through exactly what my employer needed to verify and what I needed to document. Saved me so much stress. The website is claimyr.com and there's a demo video at https://youtu.be/JmuwXR7HA10. When you're dealing with a situation that has real nuance like LWOP vs. a standard layoff, being able to talk to an actual human at EDD is really valuable.

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Third mention of this service in the thread, must actually work lol

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Ha, I promise it's just because it actually helped. The EDD phone situation is genuinely bad enough that when something actually works people talk about it.

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Going to try this today. I have some specific questions about my employer verification that I really need answered by an actual EDD rep.

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Final thought for the OP and anyone reading this later: the fact that you're asking "can you collect unemployment if you are on leave without pay" rather than just assuming you can't is already getting you ahead of so many people who just give up and don't file. The California UI system is genuinely confusing and designed in a way that's hard to navigate, but if your LWOP was employer-initiated and you're available and looking for work, you almost certainly have a valid claim. File, certify consistently, document everything, and don't hesitate to get help reaching an EDD agent if you hit a wall.

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Thank you for this — and thank you to this whole thread. I went from completely confused to actually having a claim filed and a clear picture of what I need to do. This forum is genuinely better than EDD's official resources.

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Good luck OP. Come back and update us when you get your first payment — always good to hear success stories.

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Will do. Hoping to have something positive to report in a few weeks!

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