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California unemployment after disability

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  • California unemployment after disability

    I work for a small company (4 emp) and I am going on disability. If the employer does not hire me back, can I file for unemployment? Is my position protected?

  • #2
    How long do you plan to be out?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Ca disability

      I plan to out about 6 months


      • #4
        Your employer does not have enough employees for you to qualify for any job protected leave (ie FMLA/CFRA).

        However; while you are disabled, you should/may qualify for Ca. state disability benefits. This is not leave - just income while you are disabled & off work.

        If your employer terminates you while you are out on disability or does not rehire you when you are ready to return to work, I would try filing for unemployment ins. benefits at that time.

        State disability income first - then unemployment ins. (UI when you are ready, willing & able to work)
        Last edited by Betty3; 01-16-2009, 05:03 PM.
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