EDD application timing with paid notice leave - apply in Dec or after Feb separation date?

Last year i went thru similar. DON'T apply until your salary payments stop!!! If you apply now while still getting paid they'll just deny your claim or worse you could get an overpayment notice later. My last day of physically working was different than my last day of being paid too and it confused the heck outta me

You need to wait until after your final paycheck in February. For unemployment purposes, you're not considered unemployed while receiving regular wages, even if you're not physically working. This is called a "continuation of wages" situation. When you apply in February, you should list your last day of work as the February separation date - not December when you stopped physically working. The reason is that EDD considers you employed until the employer-employee relationship officially ends, which is your separation date. If you apply in December, you'll have to report your ongoing income during certification, which would likely reduce your benefits to $0 anyway. Plus, it could potentially complicate your claim.

It's actually a bit more nuanced than the previous replies suggest. What matters is whether your paid leave is considered "wages in lieu of notice" or regular continuation of employment. Technically, if this is structured as "wages in lieu of notice" (which it sounds like it might be), those payments are actually reportable to EDD but may not necessarily disqualify you from benefits. It depends on exactly how your employer reports it. Can you check your separation letter to see if it specifically calls it "wages in lieu of notice" or "severance" versus "continued employment"? That distinction matters for EDD purposes.

I had almost the exact same situation last year!!!!! Except mine was paid garden leave for 3 months. I tried to apply for EDD when my actual work ended and it was a HUGE MISTAKE. I had to do like 3 interviews with EDD to explain why I was applying while still getting paid. Then they denied my claim saying I wasn't unemployed yet. Then when I reapplied after my payments stopped I had to do ANOTHER interview to explain everything again. Just wait till February and save yourself the headache!!!

Based on how you described your situation, wait until February to apply. Since your letter specifically says you "remain an at-will employee" and you're receiving regular salary (not severance), EDD will consider you employed until February. When you do apply in February, list the separation date as your last day worked. During your phone interview (you'll likely have one), clearly explain the situation that you were on paid leave from December to February. This is fairly common with professional positions and the EDD interviewers are familiar with it. One more tip - make sure you understand if any portion of your final payment will be classified differently (like vacation payout, severance, etc.) as that needs to be reported differently on your EDD application.

is anyone else getting mad that this person is worried about unemployment while still getting 2 MONTHS of full pay for doing NOTHING?? most of us get fired with zero notice and zero pay and have to fight EDD for weeks to get anything! must be nice to be in tech or whatever this is

To answer the question about phone interviews - yes, EDD still does them for many claims, especially if there's anything unusual about your work separation. They're supposed to schedule them within a couple weeks of your application but lately it can be IMPOSSIBLE to get through to an actual person at EDD when you need to talk to someone.

Thank you all for the helpful advice! I'm going to wait until February after my final paycheck to apply for unemployment. I'll list the February separation date as my last day worked and be prepared to explain the situation if I get an eligibility interview. I appreciate everyone sharing their experiences - this was really confusing for me!

one other thing - when u do apply make sure u say ur job ended due to "lack of work" if thats wat happened. don't say u were fired or laid off or anything else. the wording matters ALOT for getting approved quick