How Does State Disability Insurance Apply to COVID-19?

How Does State Disability Insurance Apply to COVID-19?

  • Mar 26, 2020
  • Blog
  • Michael Burgis & Associates, P.C
📌 Quick takeaway: California State Disability Insurance is an EDD wage-replacement program for eligible workers who cannot work because of a non-work-related illness, injury, or pregnancy-related condition. It is not the same as workers’ compensation, which applies to job-related injuries and illnesses. The right program depends on whether the condition is work-related and whether medical certification supports the claim.

My name is Michael Burgis. I’m an attorney in California. I’m also a legal certified specialist in California Workers’ compensation. I’ve gotten a lot of questions regarding State Disability Insurance and how it applies to this recent Coronavirus scare and outbreak.

Ultimately, SDI or State Disability Insurance is paid out through the Employment Development Department (EDD). Essentially, every time you work, if you check your pay stubs, there’s a little bit of money that’s taken out for SDI that goes into your account.

How Much State Disability Insurance Am I Entitled To?

If a doctor is certifying that you’re totally temporarily disabled and can’t work, or that there are temporary work restrictions where your employer can’t accommodate, then ultimately you’re entitled to, in my opinion, State Disability Benefits through the Employment Development Department.

This is 2/3, about 66%, of your salary while you aren’t working, so long as a doctor is certifying that you’re totally temporarily disabled and can’t work or there are temporary work restrictions the employers are failing to accommodate.

You can get this benefit for up to a year, so long as the doctor is certifying throughout this time and there’s sufficient money in your account. Ultimately, you have to work within generally the prior year in order to have money in that account. Keep in mind that the Employment Development Department is a separate department. It’s separate and distinct from Workers’ Compensation or general civil employment litigation.

📌 Bottom Line: If the medical condition came from work, review workers’ compensation. If it is not work-related, SDI may be the correct starting point. Mixing up the programs can delay benefits and create avoidable confusion.

Have a workplace rights question in California?

Michael Burgis & Associates, P.C. handles employment law matters involving wrongful termination, discrimination, retaliation, disability leave, wage-and-hour issues, and harassment. If something at work does not feel right, request a free consultation to discuss your options.

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