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  • SDI Question/Return To Work California

    If an employee is out on SDI and works for a company with less than 50 employees I know that a job cannot be held. What if after returning from SDI the employer says they are not taking you back- does the employee then qualify for unemployment?

  • #2
    SDI provides a partial wage replacement benefit when an employee is out due to illness or injury. It is not job protection.

    Once you are ready and able to go back to work, apply for UI. Only the State can determine whether you qualify or not, but you definitely won't get it if you don't apply.

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    • #3
      If you were not out on any job protected leave (ie FMLA/CFRA/PDL) & you are
      not hired back, you can file for UI benefits since you are now ready, willing &
      able to work.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Thank you.

        So is it viewed that the employer is terminating you? In which case an at-will?

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        • #5
          Thank Betty3, I was replying when you were!

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          • #6
            Sorry, one more thing.

            If an employer hires someone to fill your position while you are on SDI because it is necessary, and I want to return after SDI but there is no position for me do I qualify for UI?

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            • #7
              Very likely.

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              • #8
                You should.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  Why couldn't they have given you the leave of absence as an accommodation? If they were able to fill your position when you were out, it seems like they should have been able to provide that accommodation. How long were you out?

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                  • #10
                    How many employees are there? For what reason were you out? How long were you off work? Are you even able to return to the same job you held before?
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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