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unpaid LOA/SDI filed, not sure what to do - California

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  • unpaid LOA/SDI filed, not sure what to do - California

    Hello, I am not sure what to do next, I hope to find some answers.
    Although I did not realize this at the time, my pre-existing anxiety and depression were made worse by a bully boss when I started a new job in Febr2012.
    I left work 1.5 hrs early on May 25 and on Memorial day I finally made it to a dr. who said I need time away from there and gave me a note to give to my employer for 2 weeks off work (and said I should file for SDI, he gave me a form filled in for 12 weeks). I emailed my employer the doctor's note. They emailed back and said that they will place me on an unpaid LOA for 2 weeks (ending on june 8). Coincidentally payday was May 25th and again on June 8th with payperiods ending on paydays (I know this is odd I have never seen it done this way) (I was not expecting to be paid on June 8, but discovered that they paid me an amount that appears to be half of my bi-weekly earnings) and I received seperately a check for what seems to be vacation pay, although I had only 1.48 hours pto left, they paid for 7.38).
    I am secretly hoping they will terminate me, the thought of having to go back there brings back the nausea and dark thoughts and chest pains.
    I sent my forms to EDD for SDI on June 5th, not knowing they would pay me.
    I have not heard back yet from EDD.
    On June 11th, I have another appointment with my dr. and will ask for another note.

    My question is what happens to my SDI claim award, and if I need to send the paycheck back to my employer. do I need to tell them that I filed for SDI? I know they are not obligated to keep my job open, and I wish they terminate me as I am in no state to perform my duties. Can I resign while on SDI?
    I apologize for my rambling but I hope someone can give me a bit of info.
    thank you!

  • #2
    Update:The same day the paycheck was deposited it was reversed, they found out their mistake, now they are offering me severance to accept a "seperation". How will this affect my SDI payments. I don't want to commit fraud, I can't find anything on the EDD website or this forum about what to do about reporting a "severance" after already on SDI. Are there any caveats w accepting a "severance".
    Can anyone point me in the right direction?
    Thank you!

    Comment


    • #3
      If you get paid, report it. You are only eligible for SDI if you are not getting paid by your employer. If you are unsure how to report your wages, call and ask.
      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.

      Comment


      • #4
        Although I did not realize this at the time, my pre-existing anxiety and depression were made worse by a bully boss when I started a new job in Febr2012.
        I finally made it to a dr. who said I need time away from there and gave me a note to give to my employer for 2 weeks off work (and said I should file for SDI, he gave me a form filled in for 12 weeks).
        There may be some SOL/Statute Of Limitations issues here...but, IF the Dr finds your condition has been aggreviated by your job function (or the bully), there should be a claim filed for workers compensation benefits. Either you, or the Dr should have done this as soon as the condition is suspected to be work related. Yes... pre existing injury/illness aggreviated by your job can be a compensable claim.
        The SOL is 6 months minimum with this employer to be eligible, but you are still an employee, you should not terminate your employment at this time.

        It would be a good idea to consult with a WC attorney...go to www.caaa.org for names in your zip code.

        Comment

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