California Short Term Disability Overview

California is one of the few states that provide short-term disability insurance for its workers. The short term disability laws program was established in 1946. California’s Short-term disability insurance (SDI) is part of their unemployment insurance. It is funded through payroll deductions, similar to those taken for Social Security Benefits.

Eligible Short Term Disabilities and Laws in CA

The law requires coverage for employees working for employers with payrolls in excess of $100 in a calendar quarter. A worker becomes eligible for benefits when they suffer a loss of wages due to a non-work related illness or accident. The maximum time to receive benefits is 52 weeks. To receive benefit payments, a person must:

• File a claim in accordance with regulations.
• Serve a 7-day non-payable waiting period.
• Have been paid at least $300 in wages, subject to SDI taxes, during the 12-month base period of the claim
• Submit to a reasonable medical examination, if required.
• File a certificate of disability signed by a duly authorized medical or religious practitioner.

Claims are filed by mail and benefits are generally paid every two weeks.

Paid Family Leave

California employees can also use paid family leave. In order to receive paid family leave an employee must:

• Have paid into the State Disability Insurance
• Can take up to 6 weeks of leave every year and receive partial pay
• Leave can be taken to bond with a new child, foster child or adopted child within the first 12 months of the child being in the home.
• Employees can also receive benefits if they must take time off to care for a sick child, parent, spouse, or domestic partner with a serious medical condition.

Pregnancy Disability Law in California

Pregnancy and any related illness or complication is one of the medical conditions covered under California’s short-term disability insurance. An employee can take up to four weeks before the birth of a child and as much as 6 weeks after the birth of a child in a normal pregnancy as maternity disability. Additional weeks can be granted with proper physician certification in cases of difficult pregnancies.

Disabilities Related to Pregnancy that are Eligible for Benefits

Any condition related to pregnancy that causes disability is eligible for benefits. The employee has additional protection against discrimination because of pregnancy through the federal Pregnancy Discrimination Act.

Pregnancy Disability Leave Law

California also has specific maternity disability leave laws. Its purpose is to make sure that state employees that become disabled because of pregnancy are treated in the same manner as other employees who have short-term disabilities.

• All female State employees disabled due to pregnancy, childbirth, or related medical condition
• Leave may be up to four months unpaid
• During the period of disability, the employee may use any accrued leave the employer makes available to temporarily disabled employees.
• The employer maintains the employee's health coverage for up to 12 weeks per year under FMLA.
• After the pregnancy disability leave ends, the employee, if eligible under the CFRA, may request an additional 12 weeks of unpaid leave for bonding with her new child.
• Medical verification is required.

Pregnancy Disability and Short Term Disability Problems with Employers

• You are entitled to receive the same benefits as another employee would receive under a non-pregnancy related temporary disability.
• You are entitled to reasonable accommodation in your work.
• Upon returning to work, you must be reinstated to a position that is the same or similar to the one held previously, both in tasks as well as in pay.
• Your employer cannot retaliate against you for requesting or taking PDL.
• Your employer cannot discriminate based on pregnancy.

Filing a Claim

Claims for disability benefits are made through the Employment Development Department in California. Claims can be filed by phone, in person, or online.

Help from a Disability Employment Attorney

It would be wise to consult with an experienced disability employment attorney early if you feel you have been discriminated against, or that your rights under the any of California programs have been violated or if you need assistance in applying or qualifying for benefits under these programs. An experienced disability employment attorney can explain your rights to you and help you protect them.