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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4999
Experience:  Extensive experience representing employees and management
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I am on California state disability. My doctors return to

Resolved Question:

I am on California state disability. My doctor's return to work date is after the 12 week period and my employer has not approved the extension beyond the 12 weeks. Therefore, it looks like I will be lose my job. However, I do not have another job and have not been ready to work much less look for another job. Will I lose my state disability benefits at the end of the 12 weeks even if I do not have another job? Or, can my physician extend my leave until I find work?
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Joseph replied 11 months ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

You will not lose your state disability benefits at the end of the 12 weeks.

As long as you are unable to go back to work, you will continue to be eligible (and receive) state disability benefits, for up to 52 weeks of benefits.

If you need to extend the time that your doctor has for you to go back to work, then you can simply request that he extend that date, as there shouldn't be any reason why he or she would refuse to do so.

Finally, if you are able to return to work and are on disability, you can then apply for unemployment insurance benefits, as you would be entitled to unemployment insurance benefits since you were terminated through no fault of your own.

Additionally, the benefits would be based on the period immediately before your disability began, as there is a special provision for people who recover from their disabilities and are then unemployed since they have gone past their 12 weeks of protected leave. (This is considered being terminated through no fault of your own automatically).



I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph

Customer: replied 11 months ago.

Hi, this was very helpful. I just have a couple of questions: 1) When you wrote "Finally, if you are able to return to work and are on disability, you can then apply for unemployment insurance benefits ..." Did you mean, "... if you are able to return to work but have no job, you can then ..."? 2) Am I allowed to ask my doctor for an extension because I no longer have a job even if I am feeling better? Or, is that a red flag? Thank you very much for all of your help! Lisa

Expert:  Joseph replied 11 months ago.
Hello Lisa,

1) Yes that is what I meant.

2) No, you would need to apply for unemployment benefits if you are ready and able to return to work and can start looking for work again. Only if you are still disabled and cannot return to work should you get an extension from your employer for your disability.
Joseph, Lawyer
Satisfied Customers: 4999
Experience: Extensive experience representing employees and management
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