State employees who become disabled due to an accident or illness arising out of or in the course of State employment are eligible to receive Industrial Disability Leave (IDL) benefits. Established by the Berryhill Total Compensation Act of 1975, IDL is a salary continuation program specifically designed as an alternative benefit program to Workers' Compensation (WC) Temporary Disability (TD). IDL is a benefit available to legislative employees and members of the Public Employees' Retirement System (PERS) or the State Teachers' Retirement System (STRS).

Disabled employees shall not be placed on IDL for any period of time during which the gross amount of IDL payments is less than WC TD without supplementation.

IDL is subject to a three-day waiting period which is waived if the employee is hospitalized, disabled as a result of a criminal act of violence, or disabled more than 14 calendar days. Any fraction of a day paid on IDL is counted as a full calendar day on IDL.

The amount of IDL varies and is limited to 52 weeks of payments (365 calendar days) within a two-year period beginning on the first day of disability. Payments for the first 22 working days of disability shall be in the amount of the employee's full pay, less voluntary deductions and withholding for Federal and State income taxes and OASDI. Thereafter, the payments shall be two-thirds gross pay less voluntary deductions for up to an additional 11 months. The employee continues to receive full credit, such as sick leave, vacation, and merit salary adjustments. Contributions to PERS/STRS shall be deducted from all IDL benefit payments in the amount based on full pay. IDL payments are not reported as wages on Form W-2.

PROCESS
Once an employee advises the employer of a possible work related injury or illness and the employee has either lost time from work or has been seen by a doctor:

If the claim is accepted, SCIF will send a Notification of Approval, Form 3290, indicating periods of disability accepted as work related.

If the claim is denied, the employee and agency are notified in writing by SCIF.

For questions regarding IDL, you may contact the Return to Work Coordinator. For questions regarding IDL pay issues, you may contact the Disability Transactions Unit (DTU).

Resources

Responsible Control Agency

  • California Department of Human Resources

Laws and Regulations

  • CalHR Rule 599.755-599.769
  • Government Code section 19869-19877.1
  • SPB Rule 417.3

Other Resource Materials

Contact

Disability Transactions Unit

Department of General Services
Office of Human Resources

707 3rd Street, 7th Floor
West Sacramento, CA 95605
Email: OHRDTU@dgs.ca.gov