Only five states in the United States provide or require employers with temporary disability benefits.
Those states are:
• New York
• Hawaii
• New Jersey
• Rhode Island
• California.
It is often mistaken for worker’s compensation because both provide partial income for short term disabilities, but there is a key difference between the two.
The main difference between the two is qualification or in particular, the circumstances where the worker sustained the disabling injury.
To qualify for worker’s compensation, the disabling injury must have been sustained in the workplace or while on the job.
For temporary disability benefits, the disabling injury must have been sustained outside of the workplace and not while working.
In California, the temporary disability benefit is called California Disability Insurance or SDI.
Qualifications:
To qualify for California SDI, you of course have to have sustained a disability outside of the workplace that is not expected to last for more than a year.
The disability must prevent you from working or you will not be qualified for the benefit.
You should submit a “Doctor’s Certificate” to support your disability claim.
In addition, you must be eligible for SDI.
An employee normally have to work for a certain period of time (service wait) before being eligible for SDI benefits.
Payment and Income
The California SDI is being funded by state taxes that are being deducted from the employee’s payroll.
If a worker is qualified for SDI benefits, they are eligible to receive about two thirds of their average weekly earnings.
The rate will depend on minimum and maximum amounts that the legislature determines and the date of the claimant’s injury.
Time Frame and Terms of Payment
The California SDI will be able to provide you with partial income for a maximum of one year.
The temporary disability benefits will be paid to you every two weeks from the time your SDI claim is approved.
The payments will end if any one of the following conditions is met:
• The payments has reached one year
• You return to work
• Treating physician releases your for work
• Treating physician determines that your injury reached a point of maximum improvement.
Pregnancy
Pregnancy is generally treated as temporary disability so pregnant women can qualify once they take their maternity leave.
Of course the employee’s doctor would also have to provide a certificate supporting that she will not be able to work due to her pregnancy.
As of now, California is the only state that provides benefits for paternity leave.
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