EDD eligibility after medical leave ends but can't return - employer separation question
I'm in a stressful situation with my employer and wondering about EDD eligibility. I had to get surgery that I'd postponed for almost a year because my company kept saying "now isn't a good time." I finally had the procedure in January, but because I waited so long, my recovery has been more complicated than expected. My doctor says I won't be ready to return until mid-May, but my FMLA/CFRA 12-week protected leave ends April 15. HR just called yesterday saying if I don't return by April 15, they'll have to "separate me due to business needs." They're already hiring for my position!\n\nHere's what I'm confused about - if my doctor clears me to work in May but my job is gone because they "separated" with me in April, would I qualify for unemployment benefits? I didn't quit and won't be medically unable to work once cleared. I've been with this company for 6 years with excellent performance reviews, so this feels wrong. Has anyone dealt with something similar? I'm so stressed about losing my income right when I'm finally recovered.
34 comments


Alfredo Lugo
Yes, you would likely qualify for unemployment in this situation. When you're separated from employment due to being unable to return from medical leave, but then become able to work, you can file for UI benefits. The key is that when you FILE your claim, you must be physically able to work. Since you'd be filing after your doctor clears you, that requirement would be met.\n\nMake sure you get documentation from your doctor showing when you were cleared to return to work. EDD might question the circumstances of your separation, so having that paperwork ready is important. When you file, honestly explain that you were on medical leave, the leave expired before you could return, and the employer terminated your position - but now you're medically cleared and able to work.
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Gianna Scott
Thank you so much for this clear explanation! So I should wait until I'm actually cleared by my doctor before filing, even though I'll be separated in April, right? Also, do you know if there's a time limit for filing after separation? I'm worried about finances during that gap period between April 15 and when I'm cleared in May.
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Sydney Torres
not sure about the specifics but i went thru somthing kinda similar last yr. had surgry on my knee & couldn't go back when my leave ran out. boss wanted me back part time but dr said no way. company let me go after 8 wks and i got unemployment when dr cleared me to work again. just be super clear when u certify that ur ABLE to work now. don't mention any health restrictions or EDD might deny u.
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Gianna Scott
Thanks for sharing your experience! That makes me feel a bit better. Did EDD question you about the circumstances of your separation at all? I'm nervous about how to explain the situation without it looking like I was fired for cause.
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Kaitlyn Jenkins
Your situation is EXACTLY why I hate how companies treat employees!!! They pressure you to delay necessary medical care for THEIR convenience and then punish YOU when complications happen!! This is SO typical of corporate America these days. I'd start by contacting an employment attorney because it sounds like they might be violating your rights. Many will do free consultations. THEN apply for unemployment once your doctor clears you.\n\nDo NOT let your employer classify this as you quitting or being fired for cause. Make sure any paperwork says \
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Gianna Scott
You're right that it feels very unfair after I tried to be so accommodating to them. I hadn't thought about the separation paperwork wording - that's a great point. I'll definitely ask about how they're classifying the separation and will look into a free legal consultation too.
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Caleb Bell
This is a tricky situation but I can help clarify. When your doctor releases you to return to work, you should file for unemployment immediately. Here's what you need to know:\n\n1. There's a 30-day window from your separation date when you're supposed to file, but you can still file after that (just explain the medical circumstances)\n\n2. EDD will likely schedule an eligibility interview to determine if you were separated through no fault of your own\n\n3. You'll need to be able to accept work when you file your claim\n\n4. Make sure to get the separation notice in writing and save ALL communications with your employer\n\nWhen I worked for EDD, cases like yours were generally approved if the person was medically able to work when they filed. The key is documenting everything and being clear that you didn't quit - they ended your employment because you couldn't return by a specific date, but now you're able to work.
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Sydney Torres
wait so theres a 30 day window to file?? i waited like 6 weeks after getting fired b4 filing cuz i was still recovering. nobody told me about any deadline. now im worried...
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Caleb Bell
Don't worry too much. The 30-day guideline is more about when your claim effective date begins rather than eligibility. You can file late, but your claim might not be backdated to your separation date. Since you had a medical reason for filing late, you should be fine. The important thing is that you were able to work when you actually filed the claim.
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Danielle Campbell
I've been trying to reach EDD for weeks about a similar situation and can't get through to anyone. After literally 30+ calls and never reaching a human, I finally used a service called Claimyr that got me connected to an EDD rep in about 20 minutes. It was such a relief to finally talk to someone! They have a video that shows how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km\n\nTheir website is claimyr.com. When you're ready to file your claim, you might want to have them call EDD for you so you can ask specific questions about your situation. The EDD rep I spoke with was really helpful and explained exactly what documentation I needed for my medical separation case.
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Gianna Scott
Thanks for the tip! I've heard the phone lines are a nightmare so having a way to actually reach someone will be really helpful. I'll check out that video and keep this in mind for when I'm ready to file.
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Sydney Torres
that service sounds cool but does it actually work? i spent HOURS on hold with edd last time and gave up.
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Danielle Campbell
Yes, it worked for me! I was skeptical too, but I was desperate after trying for weeks. They called EDD, navigated the phone tree, waited on hold, and then called me when they had an EDD rep on the line. Saved me so much frustration.
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Rhett Bowman
my mom had this exact thing happen in 2023!!! her job let her go after her medical leave ran out but she still needed 3 more weeks recovery. she DID get unemployment but only after she was cleared by her doctor. she got denied at first because she applied too early when she still had restrictions. had to appeal it. make sure ur 100% cleared with NO restrictions before u apply!!!!!
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Gianna Scott
This is really helpful to know! I'll definitely wait until I have the full medical clearance with zero restrictions before applying. Did your mom have to do an eligibility interview or was it just the regular application process?
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Rhett Bowman
ya she had a phone interview. they asked lots of questions about why she wasnt at work anymore and when her doctor cleared her. make sure u have all ur documents ready when they call!!!!
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Abigail Patel
This is definitely a qualifying situation for unemployment benefits. I went through this exact scenario in 2025 after back surgery. The important thing to understand is that EDD has two main requirements that will apply to you:\n\n1. You must be ABLE to work when you file\n2. You must be AVAILABLE for work when you file\n\nSo as others have said, wait until your doctor fully clears you, then file immediately. When you certify for benefits, you'll answer \
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Gianna Scott
Thank you for sharing your experience and the specific advice about how to file. The part about selecting \
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Sydney Torres
off topic but has anyone had issues with the money network card lately??? just got mine and it got declined 3 times at the grocery store!! so embarrassing!!
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Caleb Bell
You should activate it by calling the number on the sticker on the front of the card. Also, make sure you're using it as a credit card (not debit) the first few times. If it's already activated, call Money Network customer service at the number on the back - could be a card issue or a balance issue.
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Sydney Torres
thx i'll try that! i thought i activated it but maybe i did something wrong
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Kaitlyn Jenkins
IMPORTANT: Make sure your employer doesn't try to categorize this as you ABANDONING your job or being fired for ABSENTEEISM!!! Companies LOVE to try these dirty tricks to avoid unemployment claims!!! Request IN WRITING what the official reason for separation will be. If they say anything other than layoff or business necessity, DISPUTE IT IMMEDIATELY!!!\n\nI've seen SO MANY cases where companies try to deny unemployment by claiming the employee quit or was fired for cause when really it was a medical situation like yours. DON'T LET THEM GET AWAY WITH IT!!!
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Gianna Scott
You've got me worried now. I'll definitely email HR to get the official separation reason in writing. If they try to classify it as job abandonment, should I dispute it with them directly or wait and explain to EDD during the interview process?
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Kaitlyn Jenkins
BOTH!!! Dispute it directly with HR/your employer right away (IN WRITING - email is fine) so you have a paper trail showing you contested their classification. Then also explain everything to EDD during the interview. This creates documentation that you didn't agree with how they categorized the separation, which helps your case.
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Yuki Sato
I'm so sorry you're going through this - it's incredibly frustrating when companies pressure you to delay medical care and then penalize you for the consequences! Based on what everyone's shared here, it sounds like you have a strong case for unemployment benefits once you're medically cleared. One thing I'd add that might help: when you get your final medical clearance, ask your doctor to include specific language in the note that you are "able to return to work without restrictions" and the effective date. This exact wording can be really important for EDD. Also, if possible, get a brief note from your doctor explaining that the extended recovery time was due to complications from delaying the surgery - this could help demonstrate that the delay wasn't your fault. Document everything with timestamps - every conversation with HR, every email, every medical appointment. If they do try to classify this as abandonment or termination for cause, you'll have a clear timeline showing you were communicating throughout your leave and following medical advice. Hang in there - you've been with the company for 6 years with excellent reviews, so this clearly isn't about your performance. Focus on your recovery and know that you have options once you're cleared to work again.
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Benjamin Carter
•This is really excellent advice about the specific wording for the medical clearance! I hadn't thought about asking for that exact language about "without restrictions" but it makes total sense that EDD would want to see that clearly stated. The suggestion about getting documentation of the complications from delaying surgery is brilliant too - that could really help show this whole situation stemmed from trying to accommodate my employer's timing requests. I've been keeping emails but I'll make sure to organize everything with dates like you suggested. Thank you for the encouragement - it's been such a stressful situation but hearing everyone's experiences and advice is helping me feel more prepared for what's ahead.
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Owen Jenkins
I went through something very similar with my former employer about 2 years ago. Had to have gallbladder surgery that kept getting postponed because of "busy season" and then when complications extended my recovery, they terminated me right after FMLA ended. Here's what I learned: You absolutely can get unemployment once you're medically cleared, but timing is EVERYTHING. I made the mistake of filing too early while I still had lifting restrictions and got denied initially. Had to appeal and it took months to get sorted out. Wait until you have that full medical clearance with zero work restrictions, then file immediately. During my eligibility interview, the EDD rep was actually pretty understanding about the medical circumstances - they see these cases fairly often unfortunately. Just be very clear that you didn't quit, you were terminated because your leave expired, but now you're fully able to work. Also, if your company has short-term disability insurance, you might want to check if you're eligible for that to help bridge the gap between April 15 and when you're cleared in May. Some policies cover you even if you're no longer employed if the disability started while you were still working. Keep all your medical documentation organized and don't let your employer intimidate you about the separation reason. You've been there 6 years - this is on them for not being flexible with a legitimate medical situation.
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Amara Adeyemi
•Thank you so much for sharing your experience - it's really helpful to hear from someone who went through almost the exact same situation! The detail about making sure to wait for full clearance with zero restrictions is so important, and I'm sorry you had to go through the appeal process because of filing too early. I definitely don't want to deal with that added stress and delay. The tip about checking on short-term disability is something I hadn't considered at all - I'll look into whether my company offers that and if it might help bridge that gap period. It's reassuring to know that EDD reps are familiar with these types of medical separation cases. I'm feeling much more confident about how to handle this situation properly now. Thanks again for taking the time to share such detailed advice!
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Kiara Greene
I'm dealing with a very similar situation right now and this thread has been incredibly helpful! My FMLA ends in two weeks and my employer is already talking about "business needs" if I can't return on time. Reading everyone's experiences gives me hope that there's a path forward. One question I have - has anyone here dealt with employers who try to make you sign paperwork when they separate you? My HR department mentioned something about "separation agreements" and I'm wondering if there are any red flags I should watch out for. I don't want to accidentally sign something that could hurt my unemployment claim. Also, for those who successfully got unemployment after medical separations - how long did it typically take from filing to receiving your first payment? I'm trying to plan financially for this gap period and any timeline estimates would be super helpful. Thank you all for sharing your stories and advice - it's making this scary situation feel much more manageable!
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NeonNomad
•Be really careful about any separation agreements they want you to sign! A lot of companies try to slip in clauses that say you "voluntarily resigned" or waive your right to file for unemployment. Read everything carefully and don't let them pressure you into signing right away. If there's any language about waiving rights or agreeing that you quit, don't sign it without talking to an employment attorney first. You want the separation to be clearly documented as them ending your employment due to inability to return from medical leave, not as you quitting or being fired for cause. As for timing on unemployment payments, in my case it took about 3 weeks from filing to get my first payment, but that was after the eligibility interview which happened about a week after I filed. The key is having all your medical documentation ready when you file so there are no delays in processing. Hang in there - you've got this!
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Theodore Nelson
I'm so sorry you're going through this situation - it's incredibly frustrating when you try to be accommodating to your employer and they turn around and penalize you for it! Your situation definitely sounds like it would qualify for unemployment benefits once you're medically cleared. A few things to add to the excellent advice already given here: 1. Keep detailed records of ALL communications with your employer about your medical leave, including any pressure they put on you to delay your surgery. This could be important if they try to dispute your unemployment claim. 2. When you do get your medical clearance, make sure it's very specific about your ability to work. Ask your doctor for a note that clearly states you are "released to full duty work without restrictions" with the specific date. 3. Consider reaching out to your state's Department of Fair Employment and Housing if you feel your employer is discriminating against you based on your medical condition. Six years of excellent performance and then suddenly being let go right after medical leave raises some red flags. 4. Don't let them rush you into signing any separation paperwork. Take time to read everything carefully and make sure nothing suggests you quit or were fired for performance issues. You've got a lot of people rooting for you here! Focus on your recovery first - the rest will work out once you're healthy and ready to get back to work.
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Miranda Singer
•This is such great comprehensive advice! The point about documenting any pressure from the employer to delay surgery is really smart - I hadn't thought about how that could be relevant to the unemployment claim, but it really shows this whole situation stemmed from trying to accommodate them. And you're absolutely right about the potential discrimination angle - being let go right after medical leave when you have 6 years of excellent performance does seem suspicious. I'm definitely going to look into the Department of Fair Employment and Housing as a backup option. Thanks for the reminder not to rush on any separation paperwork too - I can see how easy it would be to just sign something quickly when you're stressed about the whole situation. Really appreciate you taking the time to lay out all these important points!
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Natasha Romanova
I'm really sorry to hear about your situation - it's awful when companies pressure employees to delay necessary medical care and then punish them for the consequences! Based on what everyone has shared here, it definitely sounds like you'd qualify for unemployment once you're fully cleared by your doctor. One thing I wanted to add is that you might want to check if your company has any policies about extended medical leave beyond FMLA. Some employers have their own policies that provide additional unpaid leave for serious medical conditions, especially for long-term employees like yourself. It might be worth asking HR directly if there are any other options before they proceed with separation. Also, when you do get separated, make sure to ask for a copy of your personnel file. California law allows you to request this, and it could be helpful to have documentation of your 6 years of excellent performance reviews in case your employer tries to claim the separation was for cause rather than inability to return from medical leave. The advice everyone has given about waiting until full medical clearance before filing for unemployment is spot on. And definitely document everything - dates, times, who said what. You're dealing with a lot right now, but you have rights and options. Take care of your health first, and know that there's light at the end of this tunnel!
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Maggie Martinez
•This is excellent advice about checking for extended medical leave policies beyond FMLA! I didn't even think to ask about that - after 6 years with the company, there might be additional options available. And you're absolutely right about requesting my personnel file - having documentation of all those excellent performance reviews could be crucial if they try to twist the separation reason later. It's smart to get that now while I'm still technically employed. I really appreciate the reminder to take care of my health first too. With all the stress about finances and job security, it's easy to forget that my recovery should be the priority. All of this advice from everyone is helping me feel so much more prepared and confident about handling this situation properly. Thank you for the encouragement!
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