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  1. #1
    Join Date
    Feb 2014
    Posts
    8

    Default What are an Employee's Best Options for Taking Medical Leave

    My question involves unemployment benefits for the state of: California.

    A little background. I have a foot deformity that causes pain. My doctor is recommending surgery. Now I need to know what to do about my job if I decide to have the surgery (and I will if I can; it's been a long standing issue that needs to be laid to rest). I'm unsure if I qualify for FMLA because I work for a small business. I am under the impression that the business needs to have 50 employees to qualify? I may be wrong about that. If someone could confirm or deny for me, that'd be great. But otherwise, which would be my best bet, to file for unemployment, or temporary disability during the healing process? I've never done anything like this before; I'm unsure of the process. My employer has said they'd make arrangements to hold my job, but I'm not going to count on that if it's not legally protected. They might fire me. It is what it is, and I know they may have a legal right to do so. I'm not going to put a food service job above my health.

    But anyway, advice? Suggestions? Thanks.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What are an Employee's Best Options for Taking Medical Leave

    Yes, your employer is be too small for you to use FMLA.

    To claim UI, you have to be able to work.

    NOLO is generally considered a reputable source: http://www.nolo.com/legal-encycloped...nia-32504.html

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What are an Employee's Best Options for Taking Medical Leave

    If you're not able to work due to your surgery, you can explore your eligibility for California Disability Insurance during your period of disability.

  4. #4
    Join Date
    Feb 2014
    Posts
    8

    Default Re: What are an Employee's Best Options for Taking Medical Leave

    That's what I thought. Thanks for the links. I'll investigate them. I tried to do a little searching on my own, but the state sites are long and tedious trying to find specific bits of information, and any other site, it's hard to know what's factual and what's not.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What are an Employee's Best Options for Taking Medical Leave

    FYI, if your employer does fire you, once you are able to work again, you will be able to file for unemployment at that time.

  6. #6
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: What are an Employee's Best Options for Taking Medical Leave

    Yes, California is one of the few states that actually does offer some short term disability. But you can believe me when I tell you, you will not qualify for unemployment insurance while you are unable to work due to the surgery (or any other health reason.) To receive unemployment benefits in every state, you must be able, available and actively seeking employment. Only after you are fully released by your doctor to resume your normal work, at that time, if you report back to work and your employer has no work for you, has replaced you while you were out, or has decided not to take you back, then you could file for and would have an excellent chance of qualifying for unemployment benefits. Of course they only last a short time, and are for you to draw while actively seeking another job.

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