San Jose, CA asked in Employment Law for California

Q: Would I qualify for benefits if I choose to stay home from work due to underlying health conditions during COVID-19?

I take two immunosuppressants and have very poor health. I am scared to go back to work, I’m confused, would I qualify for unemployment benefits if I choose to stay home from work due to underlying health conditions and concerns about exposure to the virus?

The EDD FAQ for CA confuses me. My specific question is listed “Would I qualify for benefits if I choose to stay home from work due to underlying health conditions and concerns about exposure to the virus?” The answer is “You can be eligible for benefits if you choose to stay home. Once you file your claim, the EDD will contact you if we need more information.” Which still doesn’t answer my question.

Then the cares Act Congress passed says “Immunocompromised individuals, if eligible, will be able to use these protections to stay home and reduce their risk of exposure while also ensuring up to three months of paid leave benefit.

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: The CARES act is limited in time to three months of leave. After that, if you need leave to address a serious medical condition or a disabling condition, and if you get a doctor's note indicating your need for additional leave, your employer would be legally obligated to give you some additional defined period of time off if doing so would not constitute and undue hardship. At that point your likely source of benefits would be California State Disability Insurance, also administered through the EDD. You will need to have a physician sign off that you are not able to work.

Good luck to you.

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