I was placed on disability by MD in dec 2011 due to complications from pregnancy with twins. Worked from home partime 7 hrs week till i had csection in May 2012. Was paid disability for dec2011 to may 2012. Then state paid me 8 wks for being disabled from csection and then additional 6 weeks for PFL. One month prior to returning to work in Aug. after PFL, my employer told me they were reorganizing the company and they will let me know. After being with them for 11 yrs they told me not to worry. With plans ofreturning to work FT, I arranged for a fulltime nanny to start end of Aug. Few week after speaking to them and not feeling myself for the past few weeks, I went to my MD and she diagnosed me with post partum depression and they put me off for 2 mos. I really need to work as i have 2 babies and am using all medical resources so that i can get better faster. I am scared they may lay me off which i dont have anything in writing yet. Since notifying them of my additional medocal leave, they contacted me and said i have to cash out my vacation hours which i did and reported to EDD. I dont qualify for job protection per CA laws as i am classified as a key employee in my company. If they do lay me off after i am cleared to return to work, do I qualify for unemployment? If i do, how is that amount calculated? I am just afraid if they use the months i was working dec 2011 to may 2012 that the earnings were only 1/8 of my normal wages when i worked FT. I also reported the amounts to EDD. If they calculate it based on my disability amounts, that is less than 1/3 of what I earned before my leave. All this worrying is stressing me more. Does anyone know what the answer is? I also had my holidays paid at my job. Does unemployment pay on holidays? Thankyou ahead of time for any advice. Just need to get better...
Unemployment varies from state to state. But one thing that is consistant. If you were working, and are currently able and available to work, and you're laid off, you can collect benefits.
You should review the information at your state's website for answers
http://www.edd.ca.gov/
since you are medicated, get back to work, that should make you feel better
hi, i do know a little. are you sure you don't have job protection at your job? they can't lay you off right after returning from maternity/medical leave. that happened to my coworker and she sued and won. they can't do that.
as with if they did somehow, the way you apply for unemployment benefits can determine how much you are awarded. basically the quarter that you apply will use a past quarter to determine benefits. for example, if you were laid off today, the EDD will have a formula for your benefits based on, just an example, a quarter of 2011. If you apply in a few months from now, the quarter of 2011 that the EDD will use will be different. So you want to look at when the EDD calculates benefits and pick the 3 months that can help you the most (most earnings). Dig deep into EDD (if you get laid off) and make sure you apply for unemployment when it benefits you the most.
I am not sure since your time of work was covered by disability. I would be looking more to discrimination for this claim. BUT either way, the money is only a portion of what your pay would be.
I have never heard of anyone not being allowed to work during depression.....they give you medication and you feel better. You get to talk to a therapist and you get better. I know I don't know a lot about postpartum depression but isn't it tied in to the same stuff that normal depression is from? A chemical imbalance?
i think the only ones that can answer this question is your attorney that specializes in unemployment and disability or the employment office.
And I would also pretty much say your job would be gone. They have to have an employee to do the work you are not doing. They have someone doing it for you correct? When you come back are they planning on firing them? not likely. I think they will let you go too.
Unless YOU quit your job, you are eligible for unemployment.
I believe they look at your last 6 earning quarters to determine the amount. Not sure how they handle the disability, etc. quarters but they look longer than just a few months so you should be fine. Good luck!
I don't have a complete answer to this question as unemployment can be pretty complicated. However, if you are laid off and unemployment denies you, make sure you appeal. I have been told that they are automatically denying every claim in hopes that some won't appeal. I know several people who are currently on unemployment and each one was denied and then later appealed. I wish you much luck in this situation. It sounds stressful, but you will make it through. Hang in there!
Here's some information I found on the CA EDD website that pertains to your situation:
"Employers report wages to the Department for each employee. The department uses this information to decide if an individual earned enough wages in a base period to establish a UI claim. A base period is a specific 12-month period. For example, if a claimant files a claim that begins in April, May, or June, the claim is calculated based on wages paid to the claimant between January 1 and December 31 of the prior year.
The minimum weekly benefit amount is $40 and the maximum weekly benefit amount is $450."
http://www.edd.ca.gov/pdf_pub_ctr/de8714ab.pdf
If all else fails, call and speak to someone at the EDD. They are massively overworked, but generally very helpful people.
