Welcome to California California Home
Welcome to California - images of Golden Gate Bridge, ocean sunset, waterfall, flowers, and city skyline
EDD HomePage
CLAIM FILING INFORMATION
About the DI Program
Claim Filing & Processing
Current SDI Contribution Rate
DI Benefit Amounts
Disability Defined
Frequently Asked Questions (FAQ)
Office Locations
Requesting a Claim Form
Toll-free and TTY/TDD Numbers
Using the Automated Telephone Information System
FOR EMPLOYERS
/SMALL BUSINESSES
About the DI Program
Claim Filing & Processing
Current SDI Contribution Rate
DI Elective Coverage
Disability Defined
Frequently Asked Questions (FAQ)
Office Phone Numbers
Using the Automated Telephone Information System
FORMS & PUBLICATIONS
Disability Insurance Forms
Disability Insurance Publications
FREQUENTLY ASKED QUESTIONS
Disability Insurance
Employment Development Department logo
 Employment  Development  Department
  
 My CA     This site 
 Disability Insurance
 Frequently Asked Questions


WORK, WAGES, AND SICK LEAVE

I am currently working, but my doctor tells me I must reduce my working hours due to my disability. Can I file a claim for SDI benefits?
  • Yes. If you are suffering a wage loss, we suggest that you file a claim. After we receive your properly completed claim, we will determine if you are otherwise eligible for SDI benefits.
I was on disability for a few weeks, and now my doctor tells me I can return to work part-time. Will I still get State Disability Insurance benefits?
  • If you return to work part time and still suffer a loss of wages, we can pay benefits equal to your wage loss but not more than your weekly benefit rate. We 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'll receive benefits at your full SDI rate. If the wage loss is less than your weekly rate, you'll receive the amount of your wage loss only. The following examples are guidelines only. Since each situation is different, if you return to work on a part-time basis, please contact SDI for clarification.

    EXAMPLE 1: Calculating your wage loss
    Regular weekly salary $1000
    Less part-time weekly salary -400
    Equals your wage loss $600

    Your weekly benefit amount $550
    Your check amount will be $550

    Your wage loss ($600) is greater than your weekly benefit amount ($550), and your part-time wages plus your benefit amount ($400+$550=$950) are less than your regular weekly wage ($1000), so you will receive a full benefit check with no adjustments.

    EXAMPLE 2: Calculating your wage loss
    Regular weekly salary $1000
    Less part-time weekly salary - 600
    Equals your wage loss $ 400

    Your weekly benefit amount $ 550
    Your check amount will be $ 400

    Your wage loss ($400) is less than your weekly benefit amount ($550), and your part-time wages plus your benefit amount ($600+$550=$1150) are greater than your regular weekly wage ($1000), so you will receive an adjusted $400 benefit check. The amount of the check plus your part-time salary will equal your regular salary ($400+$600=$1000).

I regularly work part-time. Am I still eligible for SDI 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 SDI benefits?
  • Yes. Vacation benefits are not in conflict with SDI.
Can I receive sick leave from my employer and still receive SDI benefits?
  • You cannot receive SDI 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 SDI benefits.
Can I receive SDI 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 SDI benefits.
Can my employer terminate me while I am on disability?
  • The Employment Development Department has no jurisdiction over issues involving wages, hours of work, or conditions of employment.

    You may want to contact the California Department of Industrial Relations (DIR), who has responsibility over the above employment issues. To find your local DIR office, visit http://www.dir.ca.gov/DLSE/dlse.html.

    For information about employment and disability issues, including termination during a disability, contact the Department of Fair Employment and Housing at 1-(800) 884-1684, or visit its Web site at http://www.dfeh.ca.gov.

My health benefits were discontinued while I was on disability. What can I do?
  • The Employment Development Department 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 at Web site address: http://www.dol.gov/ebsa/pdf/cobra99.pdf (You will need the Adobe Acrobat Reader to view or print the pamphlet.) You can find the free Adobe Acrobat Reader at http://www.adobe.com/products/acrobat/readstep2.html
If I am terminated while on disability, will it affect my SDI benefits?
  • Termination will not interfere with your entitlement to SDI benefits as long as you continue to meet the other eligibility requirements.
SDI Phone List

For more information please call SDI at 1-800-480-3287 or 1-866-658-8846 (En Español)


EDD HomePage  |  Top of Page  |  Contact Us
The Employment Development Department is an equal opportunity employer/program.
Auxiliary aids and services are available upon request to individuals with disabilities.


Back to Top of Page

© 2007 State of California
Conditions of Use Privacy Policy