I am unable to return to work after FMLA, company keeps asking what they can do…
I’ve exhausted my 3 months of FMLA time and I am medically unfit to return to work.
my doctor says I’ll be unable to return to work for the indefinite future and due to the nature of the job, I am unfit to work at this company period.
I’ve filled out all the paper work, however my company keep contacting me asking if there’s any accommodations they can make (even though my doctor and I already filled out the paperwork that says there aren’t.)
I’m confused - I figured they would just fire me. I am tight on cash so I do worry about having to repay my insurance premiums. I’m not sure what else I need to say. I thought the endless doctor’s notes about how I am unable to return would be enough.
How do I go about this?
Jobadvisor
This is a stressful situation, and it makes sense you're confused. Here's what's likely happening and what you can do:
Why they keep asking about accommodations
Under the ADA (Americans with Disabilities Act), employers are required to engage in an "interactive process" to explore reasonable accommodations before they can terminate someone with a disability. Even with clear medical documentation, they're legally obligated to go through this process — it protects them from an ADA failure-to-accommodate claim. Their repeated outreach is likely them fulfilling that legal duty, not them being oblivious to your paperwork.
What you should do now
Respond in writing (email is fine) and clearly state something like: "My physician has determined that no accommodations exist that would allow me to perform the essential functions of my position. I have no further accommodations to propose." This formally closes the interactive process on your end and puts it in writing.
On the insurance premium repayment
This is a real concern. Many employers' FMLA policies allow them to recoup health insurance premiums they paid on your behalf during leave if you don't return to work afterward — unless your reason for not returning is a serious health condition (which yours is). Since your doctor has documented that you're medically unable to return, you likely fall under that exception, but you should confirm this in writing with HR.
What comes next
Once you've formally stated no accommodations are possible, they'll almost certainly move to terminate. At that point you'd want to make sure you understand your COBRA rights to continue health insurance and whether you qualify for long-term disability if your employer offers it.
One strong recommendation: Given the complexity here — ADA interactive process, FMLA premium repayment, and a potential disability-based termination — it's worth a one-time consultation with an employment attorney. Many offer free initial consultations, and this situation has enough moving parts that even 30 minutes of legal advice could save you significant money and stress.
Strange layoff process
I was/am in a service based organisation and been a part of a stable project from past 4 years but was released due to company new policy for rotation of employees.
My organisation has 90 days / 3 non compliant triggers bench policy.
After triggering both the points of bench policy, on 24 May I was asked to resign by my HR . After many follow ups I resigned on 27 but so far my LWD is not confirmed. By default the LWD is set for 27 July !!!
I submitted all my assets and ID as I had to leave for my hometown last week .
Should I follow up with my HR on LWD ? I am in no hurry as I dont have any offer in my hand as of now.
Please suggest , is this normal ? Should I continue to look for project in my current organization?
NOTE : I could not get a new project due to location constraint!!
Jobadvisor
This is a stressful situation, but a lot of what you're describing is unfortunately quite common in service-based IT/consulting firms. Let me break it down:
Is this normal?
Yes, largely. Bench policies (90 days + non-compliant triggers) are standard practice in service-based organizations, especially in IT/consulting. Being asked to resign rather than being formally terminated is also common — companies often prefer this to avoid paying severance or unemployment benefits in certain jurisdictions.
On the LWD (Last Working Day)
Yes, you should follow up, and here's why it matters even if you're not in a hurry:
- Your relieving letter and experience certificate are tied to your LWD — a confirmed date is needed for these documents
- Your full and final settlement (pending salary, leave encashment, PF/gratuity) depends on LWD confirmation
- Background verification by future employers will reference your official exit date
- A July 27 LWD actually works in your favor — you remain on payroll and continue accumulating benefits
So don't push to shorten it. But do get it confirmed in writing.
Should you keep looking for a project internally?
Yes, absolutely keep trying, with a few caveats:
- Even though you resigned, you're technically still an employee until July 27 — you have every right to pursue internal opportunities
- Loop in your delivery manager or practice head, not just HR — they often have more project visibility
- Be transparent about your location constraint and ask if remote projects are an option
- The location constraint that blocked you earlier may be negotiable now that remote work is more normalized
Immediate action items
- Email HR asking for written confirmation of your LWD (July 27 or otherwise)
- Ask HR to confirm the timeline for your relieving letter and full & final settlement
- Reach out to your delivery/practice manager separately about any open positions
- Make sure your PF account details are updated before your last day
- Keep copies of your resignation email and any HR correspondence
The fact that you've already submitted assets is a bit concerning — it may signal HR considers you effectively done. Push back gently and remind them your LWD is July 27 per your own records, and you'd like that confirmed officially.
laid off at 6.5 months pregnant
Never in a million years did I think I would be writing this, but at 6 months pregnant my company went through a round of layoffs and I was one of them.
Living in California on one income and now facing the loss of my health insurance, I feel completely lost. I’ve been trying to come to terms with it, but I honestly don’t know what to do. I’ve been scrambling to figure things out and struggling to accept it. In some ways I feel like I’ve failed not only myself but my unborn daughter.
There seems to be no point in looking for another job because I’m sure employers can see that I’m pregnant. How do you accept a job and then tell them you’ll be giving birth in less than three months? By the time I’m actually hired it may be less than two. What scares me most is the gap this will leave on my resume.
Has anyone else been in this position? I’m at a total loss. I’m the type of person who always needs a plan and right now I don’t have one. More than anything, I’m scared.
Jobadvisor
I am so deeply sorry you are going through this. Please, take a deep breath and hear this clearly: You have not failed your daughter, and you have not failed yourself.
You did everything right. Your company made a business decision that had absolutely nothing to do with your worth, your work ethic, or your capability as a mother. Getting laid off is traumatic on its own; dealing with it at 6.5 months pregnant, in an expensive state like California, is an incredibly heavy burden to carry. It makes total sense that you feel scared and lost right now.
Let’s give you back that sense of control. Since you are someone who thrives on having a plan, let’s build one together right now. Because you live in California, you actually have access to some of the strongest structural safety nets in the country.
Here is your immediate, step-by-step action plan to secure your health, your finances, and your peace of mind.
Phase 1: Secure Your Health Insurance (Do This Week)
Do not panic about losing your company insurance. You have immediate options that ensure you and your baby girl will not go without prenatal care.
Option A: Covered California (Special Enrollment Period). Losing your job-based insurance is a "Qualifying Life Event." Because your household income just dropped significantly, you will likely qualify for heavily subsidized—or even $0 premium—private health insurance through the state exchange.
Option B: Medi-Cal. If your single income drops below a certain threshold for a household of three (remember, your unborn baby counts as a household member!), you may qualify for Medi-Cal, which covers pregnancy and childbirth at no cost.
Option C: COBRA. By law, your company must offer to let you continue your current plan for up to 18 months, but you have to pay the full premium. This is usually very expensive, but it exists as a fallback.
Note: You have 60 days from the day you lost your insurance to sign up for Covered California. Don't wait.
Phase 2: Maximize Your California State Benefits
California is incredibly unique and generous when it comes to pregnancy and unemployment benefits. You can stack these to support you financially.
File for Unemployment Insurance (UI) immediately. You are legally entitled to UI because you were laid off through no fault of your own. You must certify that you are "able and available to work," which you are right now.
Transition to State Disability Insurance (SDI) at 36 weeks. In California, your doctor can sign you off on paid medical leave starting at 36 weeks pregnant (4 weeks before your due date). The moment you switch to SDI, you pause your unemployment. SDI pays roughly 60-70% of your regular wages tax-free.
Paid Family Leave (PFL). After you give birth and your SDI medical recovery period ends (usually 6 to 8 weeks post-birth), California gives you another 8 weeks of Paid Family Leave to bond with your baby, also paid at 60-70% of your wages.
Phase 3: The Job Search & The "Gap" Reality Check
Your fear about the job hunt is completely valid, but the reality is much more manageable than your anxiety is telling you right now.
Reframe the "Resume Gap"
A gap on a resume for having a baby is one of the easiest things to explain to a future employer. No reasonable hiring manager blinks at a gap that coincides with a layoff and childbirth. You can simply list your timeline on LinkedIn/Resumes as: [Company] (Date – Month of Layoff) and later re-enter the market with a brief, professional note if asked: "Following a company-wide layoff, I chose to take a few months to focus on my family before returning to the workforce."
Should you look for a job right now?
You have two choices, and both are completely okay:
Focus on your health and take the benefits: You can collect your California Unemployment, transition to SDI at 36 weeks, take your PFL bonding time, and start job hunting with a fresh mind 3 or 4 months after your daughter is born.
Apply for remote or contract roles: If you want to keep interviewing, look for short-term contract roles or remote positions. By law, you do not have to disclose your pregnancy during interviews, and it is illegal for them to discriminate against you or rescind an offer if they find out later. Many women have accepted jobs at 7 or 8 months pregnant and immediately gone on maternity leave. Good companies adjust.
Your Plan for Today
Go to the Covered California website and start an application to see your premium subsidies.
File your California UI claim online via the EDD portal.
Call your OB/GYN’s billing department, tell them you were laid off, and let them know you are switching insurance. They handle this all the time and will help ensure your care isn't interrupted.
Give yourself permission to cry, grieve the loss of your stability, and then look at your belly and remind yourself: We are going to be completely okay.
You are a planner, and right now, your plan is simply to take care of the next 24 hours. You've got this.