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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37845
Experience:  Retired (mostly)
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Im currently on disability from my job . I was sent a letter

Resolved Question:

I'm currently on disability from my job . I was sent a letter stating that my FMLA ended on September 22,2011. My job has approved a non-FMLA leave of absence which will expire on Oct. 22,2011 .
If I'm not able to return to work at the end of my leave (oct.22), it may be deemed that I have abandoned my position and considered a voluntary resignation.

I cannot return to work as I have to see a specialist for my condition and that appt. is not until Nov. 4th. I get severe vertigo attacks and cannot drive or work.

My question is am I eligible for umemployment as of Oct. 22 ? I also have to get cobra medical insurance as I have many doctor appointments .

Thank you for a response.

Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.

A worker who is not "able and available" for full-time work is inelible for unemployment benefits. However, maintaining eligibility does not require that the worker be able to undertake their regular employment -- only that the worker be able to accept full-time work in some field of employment.

Similarly, an employee who voluntarily quits work, is ineligible for unemployment benefits. However, if the person quits based upon the documented advice of a physician, then the employee quits with good cause and is eligible.

BotXXXXX XXXXXne, to obtain unemployment, you must be availble for full-time work in some job capacity, and you must quit based upon your physician's written advice.

Hope this helps.

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Customer: replied 5 years ago.
I forgot to mention that my doctor has put me on disability until Oct. 31,2011. Now , as the job has given me the date of Oct. 22, 2011 to return to work .As my disablity goes to Oct. 31 and I'm able to return to work then, yet the position is not open to me, can I collect unemployment ? Thank you for your response.
Expert:  socrateaser replied 5 years ago.
I think that you would be eligible, because even if you are deemed to have voluntarily quit, on 10/22, you would be doing so, under the advice of your physician.

This is a tough call. I'm giving you my best guess, under the circumstances. Only the uemployment administrative law judge will be able to make this decision. So, you have a risk -- one that I cannot resolve one way or another.

Best wishes.
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