State Disability if still working...

lnelson

I have an ee who is currently working but not a full schedule due to different reasons such as daughter sick, take daughter to school, not feeling well, etc.
He is filing for state disability to get paid for missed hours.

This is the same ee who failed to complete FMLA paperwork which I resubmitted to him.

I have never come across this issue before for intermittent disability and just wanted to see if anyone has if so how do you handle it.

Lisa

HR in CA

I have dealt with this before, but not with the reasons you stated in your post. The employee was restricted to working 3 hours per day by his doctor and he received SDI benefits, less his 3 hours per day. Maybe a call to EDD would be beneficial to you.

lnelson

[font size="1" color="#FF0000"]LAST EDITED ON 03-24-04 AT 06:45PM (CST)[/font][br][br]HR in CA -
Thanks just to give some more info on this I received a disability form and completed it to the best of my knowledge the questions that were asked.

He was denied due to my response. Now he is filing an appeal and would like me to submit a letter stating that the absences/tardiness he has had in the past were for medical issues.

I do not want to do this because I have a record of what was and wasn't medical/illness reasons and very few of them were. I agree I need to speak with someone at EDD I have been looking at the website for info also.

Thanks again.
Lisa

**FYI**
I just spoke to EDD they said that if he has not been off work for 8 consecutive days due to illness he would not qualify for State Disability.
So even if he worked 4hrs 1 day didn't work the next 3days then work 5hrs the next does not qualify until he misses 8 days in a row.

HR in CA

Your employee wants you to provide a letter stating the reasons were medical in nature? Isn't it the employees doctor who would provide this information to EDD?

I am glad to hear that EDD won't pay for these types of absences. I do not believe they ever intended to pay SDI for the absences you describe.

lnelson

Yes, normally it would be the doctor but because the EDD is declining due to my response he would like me to submit a letter confirming his absences/tardiness. Basically he wants me to state I made an error in filling out the form.

I informed him when I filled out the form I was under the impression the days they were asking for were consecutive days which he had not been absent or tardy consecutive days.
That is why he was denied now they want him to supply each day from 1-10-04 thru 2-23-04 to see what days/hours he missed.

I am not going to supply a letter because I did not make an error. I will leave it in the EDD's hands to approve or deny.