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I am a CA employee currently on disability, SDI starting Dec…

Customer Question
I am a CA...

I am a CA employee currently on disability, SDI starting Dec 14 2017. Currently my physician has me out unitl Feb 15 but expects to extend that to Mid April 2018. Can the company deny my SDI claim and/or can they terminate me while I am out on disability

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I don't have an employment contract, CA is an At Will employer

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's it

Submitted: 1 month ago.Category: Employment Law
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Answered in 13 minutes by:
1/9/2018
Employment Lawyer: John, Employment Lawyer replied 1 month ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,933
Experience: Exclusively practice labor and employment law.
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If you are going to be out past March 14th approximately, which is the 90 days max time you have by law for leave and job preservation, they can terminate your employment. They cannot terminate your SDI benefits as long as the state continues to approve the claim, which is dependent on your doctor opinion. You get 52 weeks of SDI benefits.

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Customer reply replied 1 month ago
Does that 90 day rule apply to California? I'm not currently FMLA eligible as I have been with the employer less than 1 year, but I assumed I can only be terminated if my absence poses and undue hardship for the employer which I think would be unlikely in my case as least from my limited understanding of the ADA and CA FEHA?
Employment Lawyer: John, Employment Lawyer replied 1 month ago

You could claim you need extended leave as a reasonable accommodation under ADA /FEHA, in which case you are correct that they would have to accommodate your extended leave to the extent it is not a hardship on them to provide such leave. It would frankly be better if you had FMLA protection, but this is what it is. Cases are mixed on whether extended leave causes an undue hardship, it seems short, additional time off and intermittent leave are more likely to be ruled reasonable than a long period of time with an uncertain ability to return; this isn't a black and white issue - many factors sway the courts.

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Customer reply replied 1 month ago
OK, that makes sense. My understanding is the undue hardship rule is somewhat difficult for companies to achieve particularly for a short leave of about 4 months. I work for a successful 9 Billion Market Cap company, it would seem unlikely in my limited experience?
Employment Lawyer: John, Employment Lawyer replied 1 month ago

If they have a high capitalization, you are one of man that do your job, they can't claim an emergent need for you etc. These are all factors weighing against undue hardship.

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