Employment Law Questions? Ask an Employment Lawyer.
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If your employer has 5 or more employees, they are obligated under the law to "reasonably accommodate" your need to miss work. However, if your absences cause your employer to suffer "undue hardship" (judged on a case by case basis, but essentially meaning substantial difficulty or expense) they can let you go. In general, it is a very poor idea to resign, as resigning will typically result in disqualification from unemployment benefits. You have no affirmative legal obligation to resign, so if your employer doesn't want to keep you as an employee THEY should be the one to end the relationship. Then, assuming you can demonstrate to the EDD that you are physically able to work, you should get approved for unemployment benefits.
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