Can You Apply for UI if You "Abandon" Your Job

[sarah1963]

My question involves unemployment benefits for the state of: CA

I've been out on medical disability for the last 6 months, with a return to work date of Nov 1st. Currently I receive employer's medical disability, and my employer has approved my special leave request to Oct 31st.

At a recent visit to my doctor's, he recommended another five month of treatments for PTSD. Updated my employer/HR and I was told that they will no longer hold my position open for me. If I don't return Nov. 1st, they will deem it "job abandonment". Now I'm stuck between my physician's recommendation and my employer's decision.

Can you please advise (1) whether I can apply for unemployment if I lose my job and my doctor clears me for work? And (2) if medical condition is related to work, should I file for Worker's Comp? (I was too embarrased to file earlier - PTSD is related to bullying at work.) Thanks.

[cbg]

You can ALWAYS apply for unemployment. Whether you get it or not will be the state's decision, but in this case I don't see any reason why you would not be approved unless you do not qualify financially.

If your medical condition is related to work, you should have filed for workers comp, but if you've been out for six months already, it's probably too late to claim it as work related now.

[Mr. Knowitall]

If you can't get worker's comp, how about state disability insurance?

The problem I see with qualifying for unemployment is that you're stating that you're unable to return to work. Unemployment benefits are intended for people who are capable of working, and are actively seeking employment.