SDI in California - 7 day wait period?
April 1, 2023 11:25 AM   Subscribe

My doctor ordered me to take 9 days of sick leave due to lingering COVID issues on 3/30. HR decided that this is disability leave and that I need to file for CA State Disability Insurance (SDI) and Short Term Disability (STD) through my company. I need help figuring out if I'm not going to be paid during this time.

Per HR's email to me: "The first 7 days of both your SDI claim and your STD = your waiting periods. During the waiting period, we will be able to supplement your pay with PTO and you will get 100% of pay (SDI/STD/Company combined)." I don't understand what this means. My parents think it means I am losing out on 7 days of pay. Is that right?
posted by The Adventure Begins to Work & Money (5 answers total)
 
So here’s the deal: Your employer insured itself against being sick and out for an extended period of time by contributing to a state disability fund plus private insurance. This way if you are out for an extended time, your employer does not need to pay for (all of) your wages during that time.

Specifically HR is saying that during the waiting period (7 days), they will pick up your wages as per your paid time off policy. After that (the remaining 2 days) SDI/STD will pay some fraction of your wages. It’s not clear if that fraction is 100% or less than 100% (for me it is 75% but I work for a different company in a different state).

You may get less than 100% of your full wages during the remaining two days.

You will not lose 7 full days of wages, that’s certain, since the company has explicitly stated that you will be paid 100% for those days.
posted by doomsey at 11:44 AM on April 1, 2023 [2 favorites]


Usually your employee handbook has information on how their disability insurance works. I agree with Doomsey that you will not lose any pay for the first seven days of your claim. The remaining two days is another question, but I don't know how California handles that.
posted by Alensin at 11:49 AM on April 1, 2023


You're getting paid; you're just using your PTO for those days.
posted by lapis at 1:21 PM on April 1, 2023 [1 favorite]


I'm reading that as -- during the first 7 days, you will get full pay from a combination of SDI, STD and PTO. After that, it sounds like something falls off and you would be paid at less than 100% or unpaid. The insurance stops, you're out of PTO - something along those lines. Maybe you've already tried talking to HR and it hasn't been helpful but if not, I'd suggest discussing it with them to be clear on the details. Extended health leave coverage does get confusing.
posted by EvaDestruction at 1:44 PM on April 1, 2023


I have taken short term disability in CA... The first 7 days of your claim is the waiting period. You will not receive funds from the state. If you want to get paid, you can use sick time/PTO, which, of course, will cover 100% of your salary.

For the last two days (or longer of you need it). You'll receive whatever benefit the state calculated, and looks like you can supplement with vacation time to get your full salary, but you're using up your vacation time.

You can browse the FAQ if that helps. It's a state program.


Can I receive benefits if my employer is going to pay me vacation, sick, or holiday pay during my claim?

Vacation Pay: Yes, you can receive Disability Insurance (DI) benefits at the same time.

Sick Pay: You cannot receive DI benefits for any period that you also receive sick leave wages that are equal to your full salary. If you receive only partial sick leave wages, you may be eligible for full or partial DI benefits. The first seven days of your DI claim is a non-payable waiting period. Any type of wages paid by the employer during the waiting period do not conflict with DI benefits.

Other Pay: All other pay, including holiday pay, must be reported to confirm your eligibility. The first seven days of your DI claim is a non-payable waiting period. Any type of wages paid by the employer during the waiting period do not conflict with DI benefits.
posted by skunk pig at 4:23 PM on April 1, 2023


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