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CA - Medical Leave Question

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  • CA - Medical Leave Question

    Hi all,

    Ok here's my situation...

    3 weeks ago, my doctor put me on medical leave and she recommended that I take off work for a month. Anyway, I started a new job last thursday in hopes that I would be ok to go back to work (without her consent). Well, the medical reason is still there and I don't think I can handle the job all that well because of it. So here's my question....

    Can I still file for medical leave with the state? The only compensation I have received is from my previous company. Which by the way do not know that I've started a new job, so technically, I'm still employed by them. They paid out my vacation, sick leave, etc. They advised me to fill with the state of CA but haven't done so. They also advised that since I've only been with them for 8 months, I don't qualify for anything else except state disability.

    What do I have to do to get state disability? Is this issue between myself, my doctor and the state only?

    Sorry if I'm not making sense to some but I hope someone there can give me some solid advise.

    Thank you all again, and have a great evening!

    questions are welcome, and advise are appreciated.

  • #2
    It's a little confusing. The job you started 8 months ago is the one you were on leave from? Or did they terminate you? It sounds like you were terminated as they paid out your leave. In that case, it doesn't matter if you take another job or not. You are no longer employed by them.

    As for the job you started last week, I take it it is your doctor who doesn't know you are working? If you can't do that job, you don't have much recourse. You took the job knowing you weren't released by a doctor and it turns out the doctor was right.

    Due to your short tenure at these jobs you are not protected by FMLA, which would have given you job protection and benefits for 12 weeks.
    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.


    • #3
      Sorry for the confusion. I wasn't terminated from the 8 month job I had. As far as they are concerned, I'm still an employee that is just on medical leave. I haven't turned in my resignation, which is why they paid me out on my sick leave, vacation, etc. They did mention that I don't qualify for FMLA since I was employed for under a year. They did however, mention that I could apply for state disability.

      Since I took the new job and now just resigned today, will I still be able to file for state disability?

      hope this makes more sense. thanks in advance for your advise.


      • #4
        I think that Michael is the only one of the regulars who is familiar with the ins and outs of California state disability. Hopefully he will be by soon and can advise you.
        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.


        • #5
          You should file for CA state disability. It sounds as though your employer (the first one) is only offering the state disability. If you cannot work because of medical reasons, and a doctor certifies this you may qualify for CA SDI. You must be unable to do your regular or customary work for at least eight consecutive days.

          I'd recommend filing as soon as possible because you have to file in under 50 days of becoming disabled, and it sounds as though you doctor certified you initially 3 weeks ago. You would use that as the date of disability. The state will withhold one weeks of pay as part of the waiting period.

          As long as you have not worked at the new job for longer than 14 days you should be fine. And if I understand correctly you did not receive wages, so that is a nonissue. Basically you tried to work and could not which is what the doctor advised you of anyway.

          Contact the state to obtain the form and give to your doctor.


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