Understanding the Difference Between Job Protection and How You are Paid
There are two aspects of leave that are important to understand: job protection and income replacement. The laws and County policy that give you job and benefit protection but are unpaid include FMLA, CFRA and PDL, as explained in the first section. How you are paid depends on your own leave balances (sick, vacation, etc.), as well as your eligibility for income replacement through:
- Worker's Compensation (WC), if the injury occurred on the Job
- California’s State Disability Insurance (SDI), if illness or injury is not job related
- Paid Family Leave (PFL), for illness or injury of family member
- Long Term Disability (LTD), this optional insurance coverage that you choose when hired or at Open Enrollment can be used in conjunction with WC and SDI so that you have higher percentage of coverage
Workers’ Compensation (aka Temporary Disability)
Temporary Disability Workers’ Compensation payments are made when an injury or illness is accepted as work related. Temporary Disability payments are made direct to the employee by Tristar the County’s Third Party Administrator. Payments are approximately 2/3 of an employee’s average weekly wage up to the State maximum and may last up to two years.
State Disability (SDI) - SDI provides affordable, short-term (up to one year) benefit to eligible workers who suffer a loss of wages when unable to work due to a non-work-related illness or injury, or due to pregnancy or childbirth.
Paid Family Leave (PFL) – PFL was established for workers who suffer a loss of wages when they need to take time off from work to care for a seriously ill child, spouse, parent, registered domestic partner, or to bond with a new child. It pays up to six weeks of benefit.
SDI does not pay for the first 7 calendar days of the disability. If SDI approves your claim, they pay up to 55% of your weekly salary for a maximum of 52 weeks. You normally receive your first check about 15 to 21 days after submitting the SDI claim, assuming all the necessary information is provided.
The SDI and PFL programs are funded through payroll deductions. Note: Most but not all, County employees are covered. Check your union’s MOU or call HR to find out if you are eligible to claim SDI.
How to Register and File a Claim Tutorials
Registration SDI Online Tutorial Claimant Registration
Filing a Disability Claim http://www.edd.ca.gov/Disability/pdf/SDIOnlineTutorialFilingaDIClaim.pdf
Filing a Paid Family Leave Care Claim http://edd.ca.gov/Disability/pdf/SDIOnlineTutorialFilingaPFLCareClaim.pdf
Filing a Paid Family Leave Bonding Claim http://www.edd.ca.gov/disability/pdf/SDIOnlineTutorialFilingaPFLBondingClaim.pdf
Other Questions? – Ask EDD
Long Term Disability (LTD) - This insurance is an optional plan that you may choose at the time of hire and pays benefits only if you are unable to work for 90 days or more. LTD pays up to a maximum percentage of pre-disability income up to $3,000 per month. Benefits may be reduced by other payments you receive, such as SDI.
LTD Monthly Income Benefit Percentage:
- All enrolled employees except Deputy Probation Officers, Probation Managers, and Group Counselors.... 60%
- Deputy Probation Officers, Probation Managers, and Group Counselors............................................66 2/3%
Employee Responsibilities While Receiving Workers Comp, SDI, PFL or LTD - It is not lawful to receive disability benefits AND a full paycheck. The total compensation received by you (paycheck + disability) cannot exceed 100% of standard base salary. Therefore, you must work with your department Payroll Person and the Department of Finance, to properly integrate disability benefits with your County paycheck. This is called integration.