Can I receive unemployment benefits after mystate disability runs out?

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Can I receive unemployment benefits after mystate disability runs out?

I am on CA disability until 01/11. My employer statesthat  they cannot hold my job any longer. Once I am cleared to work by my doctor, can I receive CA unemployment benefits? I have not been at my job for a year and not eligible for a longer extension under FMLA. I have been on disability since 09/10.

Asked on December 3, 2010 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would contact you state Department of Unemployment  Insurance,  They are the best party to let you know about the law and how it applies in your case:  www.edd.ca.gov/unemployment

Here are my concerns: in order to collect unemployment you have to be unemployed through "no fault of your own" which I think that you are ok with here as they are not holding your job. You did not quit in other words.  You need to be ready, willing and able to work, which I am assuming that you will be after you are certified ok from your doctor for disability.  My worries pop up with calculating wages and if they will use the state disability amount in doing so.  You need wages from your last quarter that you worked.  But other questions pop up here that should be answered: if you are a protected class for disability - why are you out on disability?  you did not mention that at all - maybe your being laid off is not really legal in the first place.  I might check that out with an attorney in your area just as an aside in this matter. It is worth looking in to. Good luck.


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