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Ethan Wilson

Can my son qualify for ESD benefits after medical leave termination?

My son just finished a 12-week medical leave (nerve damage and blood clots in his legs) and returned to work, but has already missed several days. His boss texted saying they 'need to fill his position' and that HR would contact him. It's been 2 weeks with zero communication from HR. I'm worried about his unemployment eligibility if they terminate him. Since he's not fully recovered enough to work regularly, would he even qualify for ESD benefits? He's mentioned he's willing to be retrained or work from home. Has anyone dealt with this medical-related termination situation before? What should he expect from ESD if he files a claim?

NeonNova

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This is a complicated situation that depends on several factors. First, your son should know that medical inability to work can affect UI eligibility since claimants must be 'able and available' for work. However, there are some important points to consider: 1. If the employer didn't provide reasonable accommodations (like work from home that your son mentioned), he might have a stronger case. 2. If he gets terminated, make sure he gets the exact reason in writing. 'Not being able to perform job duties' is different from 'attendance issues' in how ESD views it. 3. Has he looked into Paid Family & Medical Leave (PFML) instead of regular unemployment? That might be more appropriate for his situation. 4. Document EVERYTHING - all communications, doctor notes, accommodation requests, etc.

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Ethan Wilson

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Thank you so much for this detailed response! He hasn't been officially terminated yet, just got that concerning text. I didn't know about the 'able and available' requirement - that makes things tricky. I'll definitely tell him to get any termination reason in writing and save all texts from his boss. I hadn't considered PFML - is that something he can apply for even after using up his medical leave?

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Yuki Tanaka

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sounds like ADA violation to me. if ur son has documented medical condition + asked for reasonable accomodation (wfh) they cant just fire him. he should talk to L&I not just ESD. my cousin got fired after surgery complications and got denied for UI at first but won on appeal. medical stuff is tricky

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Ethan Wilson

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Thank you - I hadn't even thought about the ADA angle. He does have everything documented with his doctor. I'll suggest he look into L&I as well as ESD. Do you know if your cousin had to hire a lawyer for the appeal process?

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Carmen Diaz

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I went through something similar last year and it was a NIGHTMARE. First ESD denied me because I wasn't "able and available" even though the company refused accommodations. I had to appeal and wait 9 WEEKS with no income!! When they finally did my hearing, I won because I proved I could work with reasonable accommodations. Tell your son to request accommodations IN WRITING right now before they fire him. And get all his medical documentation in order!!! Cannot stress this enough!!

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Ethan Wilson

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Wow, 9 weeks is a long time to wait! Did you have to hire an attorney for your appeal? I'm going to tell my son to email HR right away about the accommodations he needs. He has all his medical records but I'll make sure he gets an updated note from his doctor specifically addressing work capabilities.

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Andre Laurent

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One critical factor in your son's situation is whether his doctor will certify that he CAN work with specific accommodations. That documentation is essential for both potential ADA protection and for unemployment eligibility. For ESD purposes, he needs to be able to work in some capacity, even if not at his current job. If his doctor confirms he could work with accommodations (like remote work or modified duties), that helps establish he's "able and available" for at least some types of work. Also, make sure he responds to that text from his boss and formally requests accommodation under ADA. Having this paper trail could make a huge difference if he needs to file for unemployment.

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Ethan Wilson

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That makes a lot of sense. I'll help him draft an email today requesting those accommodations formally. His doctor has been very supportive, so I think getting updated medical certification shouldn't be a problem. Is there a specific format that works best for requesting ADA accommodations?

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Emily Jackson

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getting thru to ESD to ask these kind of complex questions is impossible!! been calling for 2 weeks about my case and never got a human. someone told me about Claimyr.com that gets you through to an actual ESD agent. worked for me! they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. might be worth it for ur son to talk to ESD directly about his medical situation before even filing

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Ethan Wilson

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Thank you for the suggestion! You're right - these questions are too complicated for the standard info on the website. I'll definitely check out that service. Being able to talk to a real person at ESD before he files would be so helpful.

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Liam Mendez

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Listen carefully: Your son needs to FILE FOR UNEMPLOYMENT IMMEDIATELY if they terminate him. Don't wait! Even if he might be denied, filing starts the process and establishes his claim date. He can always appeal if denied. I made the mistake of waiting to file after my medical-related termination because I thought I wouldn't qualify. Lost out on potential benefits for weeks I could have claimed! And DOCUMENT EVERYTHING. Every text, email, conversation - write it all down with dates and times.

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Sophia Nguyen

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this is correct advice! also want to add that when filing make sure to answer the questions EXACTLY as asked. especially the parts about ability to work. if he says he cant work AT ALL he will be denied. but if he can work with accommodations he should state that clearly. the wording matters a lot!!

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Yuki Tanaka

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forgot 2 mention - ur son shud apply for SSDI too if his condition is long term. UI is only temporary but SSDI can help if hes gonna be disabled more than a year

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Ethan Wilson

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That's really helpful, thank you. His doctors aren't sure how long his recovery will take yet. The nerve damage might be permanent, which would affect his ability to stand for long periods. I'll definitely look into SSDI as well. Does anyone know if you can receive both SSDI and unemployment at the same time?

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NeonNova

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To answer your question about SSDI and unemployment simultaneously - generally no, you can't collect both because they have conflicting eligibility requirements. For UI, you're certifying you CAN work and are looking for work. For SSDI, you're certifying you CANNOT work due to disability. However, there are some gray areas where limited work capacity might allow for partial benefits, but this is complex territory that usually requires professional guidance. The most important thing now is for your son to: 1) Get his doctor to document specifically what work he CAN do with accommodations 2) Formally request those accommodations from his employer in writing 3) File for UI immediately if terminated (appeal if denied) 4) Consider consulting with an employment attorney who specializes in disability cases

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Ethan Wilson

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Thank you for clarifying that - makes sense that you can't claim to be both able and unable to work at the same time. We'll focus on getting detailed documentation from his doctor and making formal accommodation requests first. I think we should probably consult with an attorney too, especially if they do terminate him.

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