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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.
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EXAMPLE 1: Calculating your
wage loss
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| Regular weekly salary |
$1000 |
| Less part-time weekly salary |
-400 |
| Equals your wage loss |
$600 |
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| 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.
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EXAMPLE 2: Calculating your wage
loss
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| Regular weekly salary |
$1000 |
| Less part-time weekly salary |
- 600 |
| Equals your wage loss |
$ 400 |
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| 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)
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The Employment Development Department is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities.
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