FAQs – Part-time, Intermittent, or Reduced Work Schedule
I am currently working, but my physician/practitioner tells me I must reduce my working hours due to my disability. Can I file a claim for Disability Insurance (DI) benefits?
Yes. If you are suffering a wage loss, the Employment Development Department (EDD) suggests that you file a claim. After the EDD receive your properly completed claim, we will determine if you are otherwise eligible for DI benefits.
I was on disability for a few weeks, and now my physician/practitioner tells me I can return to work part-time. Will I still get DI benefits?
If you return to work part-time and still suffer a loss of wages, the EDD can pay benefits equal to your wage loss but not more than your weekly benefit rate. The EDD will look at what you earned on a weekly basis before your claim began, then subtract what you’re currently earning working part-time. The difference between the two figures is your wage loss, or the amount of wages you are losing by working part-time. If your wage loss is greater than your weekly benefit amount, you will receive benefits at your full DI rate. If the wage loss is less than your weekly rate, you’ll receive the amount of your wage loss only. For an example of this breakdown, see Part-time Worker.
I regularly work part-time. Am I still eligible for DI benefits?
You may receive benefits as long as you have at least $300 in gross wages in your base period, are suffering a loss of wages, and meet other basic eligibility requirements.
Can I receive accrued vacation from my employer and still receive DI benefits?
Yes. Vacation benefits are not in conflict with DI.
Can I receive sick leave from my employer and still receive DI benefits?
You cannot receive DI benefits for any period for which you also receive sick leave wages that are equivalent to your full (or regular) salary. If you are receiving only partial sick leave wages, however, you may be eligible for full or partial DI benefits.
Can I receive DI benefits if my employer offers me unallocated leave or paid time off (PTO)?
No. PTO payments are considered the same as sick leave wages if the payments are made as a replacement for sick leave when you are disabled. However, if you are receiving partial PTO and still suffering a wage loss you may be entitled to full or partial DI benefits.
Can my employer terminate me while I am on disability?
The EDD has no jurisdiction over issues involving wages, hours of work, or conditions of employment.
You may want to contact the California Department of Fair Employment and Housing, who has responsibility over the above employment and disability issues, including termination during a disability.
If I am terminated while on DI, will it affect my DI benefits?
Termination will not interfere with your entitlement to DI benefits as long as you continue to meet the other eligibility requirements.
My health benefits were discontinued while I was on DI. What can I do?
The EDD has no jurisdiction over issues involving the Consolidated Omnibus Budget Reconciliation Act (COBRA). This program, administered by the United States Department of Labor (DOL), provides temporary continuation of health benefits at group rates for certain former employees. For information you may contact DOL at 1-866-275-7922, TTY 1-877-889-5627. In addition, you may wish to read or download the pamphlet about the COBRA program. You may need to download the free Adobe Reader to view and print linked documents.
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