State Disability Insurance
It is the policy of the Department of General Services, effective January 1, 2006, to implement and administer State Disability Insurance (SDI) for its employees as agreed to by the California Department of Human Resources (CalHR) and the SEIU, Local 1000.
The SDI Program is a wage continuation for employees who have been certified for a non-work-related illness or injury. The program has two components, Disability Insurance (DI) and Paid Family Leave (PFL).
DI – is a wage continuation program for employees who incur a non-work-related injury or illness, for up to 52 weeks.
PFL – is extended compensation provided to employees who are SDI covered. PFL is for employees who take time off work to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a new minor child or adopted child. PFL is limited to a six-week paid benefit within a 12-month period.
An employee cannot receive both DI and PFL simultaneously.
In order to receive benefits, an employee must file an SDI claim on EDD. In addition to filing the claim, they must also be on a leave of absence while receiving SDI benefits. Request a leave of absence using DGS OHR 28 and submit to your supervisor along with supporting documentation (physician's note, etc.) to substantiate the request.
A leave of absence removes the employee from active pay status and considers them to be on a temporary separation. Although employees are on a temporary separation, they maintain eligibility to apply for SDI benefits. The leave of absence will be granted for the length of the SDI claim or if the illness or injury continues to exist after the SDI benefits end. The leave of absence my be terminated on the following basis:
- On the expiration date of the leave; or
- Before the leave expires with 30 working days’ notice from the employer; or
- Self-termination when the employee becomes medically certified to return to full employment.
Upon termination of the leave of absence, permanent or probationary employees have a mandatory right to his/her former position.
The following chart depicts the process of an SDI claim.
|1||Employee gives written notice of an absence for illness, injury, pregnancy or a need to bond or care for a newborn or adopted child|
Using the Attendance Clerk (AC)/Supervisor SDI checklist, employee contacts their assigned Disability Transactions Specialist to verify FMLA eligibility.
|3||AC requests Formal Leave of Absence Request (DGS OHR 28) and physician substantiation for SDI eligibility.|
|4||AC verifies leave balance with Disability Transactions Specialist.|
|5||AC provides employee with the State Disability Insurance Employee Options Checklist (DGS OHR 100).|
|6||EE submits SDI claim using form DE2501.|
|7||If AC receives claim form, s/he immediately forwards it to the Disability Transactions Specialist (DO NOT COMPLETE).|
|8||AC/Supervisor ensures time is posted/approved in Project Accounting and Leave (PAL) correctly.|
frequently asked questions
An employee paid into the SDI Program while in a rank-and-file position. When the employee transfers from a rank-and-file position to an excluded position, is the employee now eligible for both SDI and NDI?
EDD is responsible for determining the employee’s eligibility for both SDI and NDI benefits. The employee may apply for both SDI and NDI, and EDD will determine the employee’s eligibility for benefits under the appropriate programs.
When using paid leave while receiving SDI benefits, how will the employee receive payments?
The employer will pay the requested amount of leave credits (waiting period hours and up to 40 hours maximum for supplementation), and EDD/SDI unit will determine the correct benefit payment.
Who is responsible for collecting overpayments made to the employee when the employee receives compensation for both SDI and paid leave for the same dates?
Under normal circumstances, and upon the receipt of wage information, the EDD/SDI Unit will determine the correct disability benefit amount and take appropriate action.
When an employee has been released by a physician to work part-time, and the employee continues to receive SDI benefits; what information will be provided to departments?
It is the employee’s responsibility to provide medical documentation to the employer when the employee’s health status has changed.
An employee worked part-time and received Disability Insurance (DI) benefits since May 2006. This employee is requesting to return to pay status, using sick leave. The employee is also requesting PFL benefits. Is this permitted?
No. Pursuant to SEIU contract provision, within seven calendar days of an illness or injury (for self or family) an employee must make an election to use leave credits while receiving SDI for either benefit of DI or PFL. Note: Employees who are on a leave and are not receiving SDI benefits cannot use leave credits to break the continuity of dock with the use of leave credits. An exception is made when the employee has FMLA/CFRA status.
Is an employee eligible to backdate an election to receive health insurance coverage (effective 07/01/2006)?
What if an employee is paid for 26 weeks of health benefits; returns to work for two weeks, and goes out again (on SDI) for the same illness, is the employee provided an additional 26 weeks of insurance coverage because it is considered a new claim?
Yes. An employee who returns to full employment for more than 14 calendar days ends his or her continuous period of disability. (See Section 2608 of the California Unemployment Insurance Code.)
Will Personnel Specialists be provided training on the new SDI contract provisions?
When the DE 2503 Form is not received by the department; can employers call and make a request to receive the Form?
Will Departments receive SDI approval dates from EDD?
No. The SEIU contract language requires employees who file for SDI benefits to provide the employer with a copy of the Notice of Determination letter.
Will EDD consider providing departments notification as to when SDI/PFL has ended?
No. It is the employee’s responsibility to provide documentation to the employer that SDI benefits have ended.
What information can the EDD/SDI Unit provide to employers?
The only information EDD/SDI Unit will provide to employers is that a SDI claim has been filed via a DE2503 or DE 2503F Form unless the employee has authorized a release of information to the employer. However, EDD will accept pertinent information from employers regarding an employee’s wage and employment status.
Responsible Control Agencies
- California Department of Human Resources
- Employment Development Department
- State Personnel Board
Laws and Regulations
- Unemployment Insurance (UI) Code: 2601-2614, 2625-2630, 2652-2658, 2701- 2714, 3300-3306
Other Resource Materials
Department of General Services
Office of Human Resources
West Sacramento, CA 95605