California State Disability Laws by:Mark Dacanay
California has different state disability laws that are available for its citizens
in the event of an injury that would prevent them from earning.
Two of the California state disability laws are the California State Disability Insurance and California's Paid Family Leave.
California State Disability Insurance Program
Also known as SDI, it offers short term benefits to eligible workers who are experiencing loss of wages because they cannot work. This is given as a partial wage.
It is state mandated and the cost of the program is being covered by contributions to the State fund in the form of SDI tax that is paid by employees, and sometimes by employers. Employee contributions to the state fund are deductible as state taxes.
The contribution rate for 2009 is 1.1% with the taxable wage limit at $90,669 each calendar year. The maximum to withhold for each employee is $997.36.
The injuries that prevent said person can be work or non-work related. This also covers women who are pregnant or just gave birth.
Here are the general details of the benefits provided under the State Disability Insurance.
The plan gives a tax-free replacement of income of 55% of an employee's average weekly pay, up to a maximum of the weekly benefit which is $959 in 2009.
Benefits can start at the 8th day of the disability. It may continue up to 52 weeks of disability.
SDI is deductible as tax on federal returns.
California's Paid Family Leave Insurance Program
The Paid Family Leave Insurance Program (PFL) is also known as the Family Temporary Disability Insurance (FTDI).
Enacted in 2002, PFL extends the State Disability Insurance program to those take time off to take care of a seriously ill family member or bond with a minor child.
The PFl is administered by the SDI program of the Employment Development Department. The benefits started last July 2004.
The PFI program is required to be taken with leave under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Both programs provide 12 weeks of unpaid leave in a 12 month period.
As with the SDI program, it is also funded through employees' contributions.
These are the provisions of the PFL program:
An employee must participate in the SDI program to qualify for PFL.
Under PFL, employees are permitted to have up to 6 week of paid leave in a 12 month period.
The PFL covers employees who wish to bond with their own child, a registered domestic partner's child or a child placed for adoption or foster care.
It also covers employees who wish to take care of a seriously ill family member like a child, parent or a spouse.
Employers may require the worker to take up 2 weeks earned but unused leave before initial receipt of PFL benefits.
Size of an employer is not an issue even if number of employees is under 50.
There is a 7 day waiting period.
Eligibility expires after 1 year of child birth, adoption or foster care placement.
These are the exemptions to the PFL program:
Mothers-in-law and father-in-laws are not covered as care recipients.
If the employee is already receiving SDI, Unemployment Compensation Insurance, and or Worker's Compensation, he/she is no longer qualified for PFL.
An employer cannot be compelled to give time-off or to hold a job for an employee unless the employer is covered by FMLA and CFRA.
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To help you deal with issues regarding state disability laws, consult with our skilled social security law attorneys. Visit our website at
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