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Attorney2020
Attorney2020, Lawyer.
Category: California Employment Law
Satisfied Customers: 2578
Experience:  I have significant experience in employment law.
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John, . I am currently in CA and am on short term disability.

Customer Question

John, hello. I am currently in CA and am on short term disability. I have been approved by my employer for a 90 day temporary disability leave. As I understand it, I am getting State Disability benefits from the sate, not my employer. The correspondences and everything I did to receive them was through EDD and SDI. My question is, do I have to stay employed with my employer until the 90 days is up knowing that I have no desire to and at the recommendation of my doctor I should not return. I realize I would loose my medical benefits or roll them over to COBRA but it seems I am in no way being paid by them. However, I could not afford to loose the state disability I am receiving if this were to happen because I quit prior to my 90 days.
Thanks
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Attorney2020 replied 1 year ago.
You will likely lose the benefits being that the benefits as they benefits are contingent upon you being employed or actively looking for employment which the EDD will evaluate. If you are not at work what is the harm that you remain employed during your disability and then consider whether or not you want to return to work once your disability term expires. I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. Thank you.
Expert:  Attorney2020 replied 1 year ago.
I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. Thank you.
Thank you in advance for your cooperation.

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