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Margot Quinn

Can you get unemployment while on FMLA in California?

So I've been on FMLA leave for about six weeks now dealing with a pretty serious family medical situation - my mom had a major surgery and I've been her primary caretaker. My employer knew about it and approved the leave, but last week I got a letter saying my position is being eliminated in a company restructuring. They're basically laying me off while I'm still technically on approved FMLA leave. Now I'm trying to figure out if I can file for California EDD unemployment benefits while I'm still in this FMLA window or if I have to wait until the leave officially ends. The timing is really confusing me because I'm not sure if being on FMLA affects my eligibility for UI benefits. Has anyone been through something like this? My FMLA leave runs for another 3 weeks but I have zero income coming in since it was unpaid leave from the start.

This is actually a really common question and the answer depends a lot on the specific circumstances. Generally speaking, if your employer terminated your position while you were on FMLA, that's considered an involuntary separation and you would likely be eligible to file a California EDD unemployment claim. The FMLA leave itself doesn't automatically disqualify you from receiving UI benefits. The key question California EDD will look at is whether you are able and available to work. If you're still actively providing full-time care for your mother and genuinely cannot accept work, that could create an issue with the able and available requirement for UI. But if your caretaking situation has stabilized to the point where you could accept a job offer, you'd want to make that clear when you file.

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Thanks for breaking that down. My mom's recovery is actually going better than expected so I would be able to take a job at this point, the FMLA was more of a formal protection thing once we got past the acute phase. So I think the able and available piece is fine for me.

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yeah I went through something vaguely similar when I got laid off while on medical leave and California EDD approved my claim no problem, the leave status didn't seem to matter once they confirmed it was a company layoff

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When you file your California EDD unemployment claim, just be straightforward about the circumstances. Report the layoff as your reason for separation, not the FMLA leave. Your employer eliminated your position - that's a layoff plain and simple. The FMLA piece is really just context, it doesn't change the fundamental nature of your separation from employment. California EDD will verify with your employer and as long as the separation is confirmed as a layoff you should be in good shape. Make sure you have your last day of work and your final pay period info ready when you file online through UI Online.

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That makes sense. I was overthinking it and trying to figure out how to explain the FMLA angle but you're right, the reason for separation is the layoff not the leave.

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THIS. So many people confuse the reason for separation and end up triggering adjudication unnecessarily. Report what happened accurately - you were laid off. The FMLA was just the context around it.

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agreed, keep it simple and factual when filing

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One thing worth knowing - if you have any trouble getting through to California EDD to ask about your specific situation before filing, I used a service called Claimyr that got me connected to an actual EDD agent without the usual hours of hold time. You can check it out at claimyr.com and there's a video demo at https://youtu.be/JmuwXR7HA10 showing how it works. I had a complicated situation involving a leave of absence and really needed to talk to someone before I filed to make sure I was doing it right. Saved me so much stress.

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I've been trying to call EDD for three days and can't get through at all. Definitely going to check out Claimyr before I file, I have a few specific questions about my situation I want answered first.

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I used Claimyr when my claim went into adjudication and it was the only way I actually got to talk to a real person. Highly recommend especially for complicated situations like this one.

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does it actually work? I've tried everything to reach EDD and given up multiple times

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ok so I'm not totally sure about this but I think if you're on FMLA you might have to wait until the leave period ends before you can collect unemployment?? like I thought there was a rule about that but I could be wrong. maybe double check before you file

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That's actually a misconception. There's no California EDD rule that requires you to wait until FMLA ends before filing for unemployment. Since this person was laid off, the FMLA period is essentially moot - the employment relationship ended with the layoff, not when the leave was supposed to conclude.

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oh ok thanks for clarifying, I must have been thinking of something else or just had wrong info. good to know

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I went through almost this exact situation two years ago. Was on FMLA for my husband's cancer treatment and my company did a round of layoffs right in the middle of it. I was terrified California EDD would deny my claim because of the leave but when I filed and explained the layoff they processed it without any issues. The adjudication process was a little slower than normal - took about three weeks to fully clear - but I did get approved and received back payments for the weeks I'd been waiting. Just make sure you start filing your weekly certifications right away even while the initial claim is processing, because those weeks count toward your benefit payments once approved.

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Really appreciate hearing a real experience like this. Did you have any issue with the job search requirements during the time your FMLA was still technically active?

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Honestly I just made sure I was genuinely looking and documented everything in my job search log. By the time EDD approved my claim I had already completed several applications so it worked out. The job search requirement doesn't pause just because you were on FMLA.

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the back payments thing is so important, make sure you certify every week from the start even if it's showing as pending

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same experience here, the adjudication took a bit longer than usual but ultimately approved

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wait so can you collect both SDI and unemployment at the same time if youre on FMLA?? asking for a friend lol

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No, you can't collect both California SDI and California EDD unemployment simultaneously. SDI is for when you personally have a medical condition preventing you from working. UI unemployment is for when you're able and available to work but don't have a job. They serve different purposes and have different eligibility criteria. Some people on FMLA do get SDI if it's for their own health condition, but in OP's case they were providing caretaking so they'd be looking at Paid Family Leave potentially - but that's a separate program from UI unemployment.

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oh wow I had no idea those were different things, thanks for explaining

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The able and available requirement is the thing you really need to think carefully about here. To qualify for California EDD unemployment benefits, you have to be able to work, available for work, and actively looking for work each week. If you were on FMLA for your own medical condition you might have an issue with the able to work requirement. But since you were providing care for a family member and not personally incapacitated, and since your situation has apparently improved, you should be okay to certify that you're able and available. Just make sure that's genuinely true each week you certify - don't certify that you're able and available if you actually can't accept a job offer due to caregiving obligations.

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Yes, my situation is genuinely that I could take a job now. Mom has other help lined up and her recovery is solid. So I'm not worried about that piece - I just wanted to understand the FMLA angle.

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This is the right answer. The able and available question is what California EDD actually cares about. The FMLA status is kind of irrelevant to them.

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ugh reading this thread because I'm in a similar boat and honestly the whole system is SO confusing. I took FMLA for my own back surgery earlier this year, my company then restructured and now I'm out. I don't even know where to start and every time I try to call California EDD I get disconnected after waiting forever. this is so stressful

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Try Claimyr if you need to talk to an EDD agent - claimyr.com - it's honestly the only thing that worked for me when I couldn't get through on my own. There's also a demo video at https://youtu.be/JmuwXR7HA10 if you want to see how it works first.

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oh thank you I'm going to look into that right now, I've wasted so many hours trying to get through

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Also just start your claim online through UI Online even if you have questions. You can file and then get questions answered - waiting to file until all your questions are answered just delays your potential benefit weeks.

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Your base period wages are what determine your benefit amount and eligibility anyway, not your leave status. California EDD looks at wages earned in a specific base period (usually the first four of the last five completed calendar quarters before you file). Your FMLA doesn't erase those wages from the record. So if you had enough earnings in that base period before your leave started, you should meet the minimum earnings threshold for UI eligibility.

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I worked there for over four years before taking the leave, so my base period wages are definitely solid. This is reassuring.

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Exactly right. The base period calculation is completely separate from your current leave status. California EDD is looking backward at what you earned, not at what your current employment status is.

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does anyone know the minimum amount you have to earn to qualify? I've always wondered how low you can go

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to answer my own question from above - for California UI you generally need to have earned at least $1,300 in your highest quarter of the base period OR at least $900 in your highest quarter and your total base period earnings must be at least 1.25 times that high quarter amount. But for most people who worked full time for years like OP, this isn't even close to an issue

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good info. yeah if you worked full time for years you're nowhere near the threshold issue

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appreciate you coming back to answer that

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I think there's something important being glossed over here - if your employer knew you were on FMLA and then laid you off, there could actually be a legal issue with that. FMLA provides certain job protections and laying someone off specifically BECAUSE they took FMLA could be considered retaliation. I'm not saying that's definitely what happened here but it might be worth a consultation with an employment attorney, especially if the restructuring was very targeted.

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That's a really interesting point I hadn't considered. The restructuring was broader than just me - several positions were eliminated. But it is worth thinking about.

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This is valid. However for the purposes of the California EDD unemployment claim, OP shouldn't wait on that to file. File the UI claim now to protect your weeks. Any potential legal action is a completely separate process and California EDD won't care about the potential legal angle when processing the unemployment claim.

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yes absolutely file the EDD claim regardless. that clock starts ticking on your benefit weeks

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went thru this. filed while still technically in my fmla window and EDD approved it fine. took like 10 days to process which was faster than I expected honestly

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That's encouraging! Did you have to do anything special or just file normally?

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just filed normally online, explained I was laid off, and that was basically it. the FMLA stuff never even came up in the process

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Make sure you understand the job search requirements before your first week of certification. California EDD requires you to make a minimum number of job search activities each week - I believe it's currently three activities per week. You'll need to document these in your record and be ready to provide them if EDD audits your claim. A job search activity includes things like submitting a resume, attending a job fair, creating or updating a profile on a job search site, doing an interview, etc. Volunteering or other non-job-related activities don't count.

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Thank you for this - I need to make sure I'm tracking everything from day one. I'll set up a spreadsheet.

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The three activities per week is current as of 2025 yes. Keep records of employer name, contact info, type of activity, date, and any response you received. California EDD can and does audit job search records.

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do they actually check?? I always wondered how often they actually audit people

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They absolutely do audit, and they can ask for records going back to the start of your claim. Not worth the risk of not keeping records.

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One more thing - when you certify each week for California EDD you'll be asked if you were able to work, available for work, and if you looked for work. You'll also be asked if you refused any work or had any earnings. Just answer honestly. The FMLA question doesn't appear on the weekly certification - it's not relevant to the certification process.

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That simplifies things a lot. I was imagining there'd be some complicated question about the leave status on every certification.

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nope, the weekly cert questions are pretty straightforward. the complexity is really just in the initial claim filing.

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am I the only one who didn't know FMLA was unpaid?? I always assumed it was paid leave. no wonder people are in such tough situations dealing with EDD at the same time as medical stuff

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FMLA itself (federal Family Medical Leave Act) is unpaid job-protected leave. However in California, employees may also be eligible for California Paid Family Leave (PFL) through EDD which can provide partial wage replacement during FMLA - it's a separate state program that sometimes runs concurrently with FMLA. So it depends on the specific situation whether someone had any income during their FMLA leave.

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wow I had no idea California had that separate program. the whole system is complicated

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California actually has a bunch of programs that other states don't have, PFL being one of them. it can get confusing

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I was in adjudication for almost 5 weeks when I filed after a leave of absence situation. Anyone else have their claim stuck in adjudication after a leave-related separation? I ended up having to fight for my benefits.

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Yes, adjudication is more likely when there's any kind of leave involved in the separation timeline. It doesn't mean you'll be denied - it just means they're doing additional review. Keep filing your weekly certifications throughout the adjudication period and you'll get back pay if approved.

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I did eventually get approved and got all the back weeks paid. Just a really stressful month of not knowing.

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If anyone gets stuck in adjudication and needs to reach EDD to check on their claim status, claimyr.com really helped me get through. The regular phone line was impossible during my adjudication period.

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ugh five weeks is brutal, how did you survive financially during that

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Something nobody mentioned yet - make sure you file your initial claim quickly. California EDD doesn't pay benefits for weeks before you filed your claim (with very limited exceptions). Every week you delay filing is a week of potential benefits you can't recover. File online at UI Online today if you haven't already.

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I actually filed last night after reading through this thread! Went with the layoff as reason for separation and was very clear about being able and available to work. Fingers crossed.

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Great! Now just make sure you start your weekly certifications on time. You should get a notice about when your first certification is due. Don't miss it.

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Good luck! Come back and let us know how it goes. Based on everything you've described it sounds like a pretty straightforward layoff claim.

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UPDATE: My claim was approved! It took 8 days from when I filed and showed up in UI Online. No adjudication, just went straight through. My weekly benefit amount is calculated and my first certification is due this Sunday. Really grateful for all the help in this thread - especially the reminders that the FMLA status doesn't affect the UI eligibility when it's a clear layoff situation. For anyone else searching this same question - yes, you can get unemployment while on FMLA if you're laid off, as long as you're able and available to work.

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So glad to hear it! Quick approval too. Good luck with the job search.

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Great outcome and thanks for coming back to update. Your experience will be helpful to others searching this exact situation.

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this gives me so much hope, I'm in a similar situation and just started my claim. fingers crossed mine goes as smoothly

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Love when these threads have actual resolution. Congrats!

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