Human Resource Blog

California Disability: Elective Surgery, Cosmetic Surgery, Pregnancy, Quarantine, Alcohol and Drug Treatment

Can a

California worker collect SDI or short-term disability payments for elective surgery? Cosmetic surgery? Pregnancy? Can an employee collect if he or she is perfectly able to work, but is in quarantine? How about for treatment of alcoholism or drug addiction?  

California workers can collect SDI benefits for “any mental or physical illness or injury” which prevents them from performing their regular or customary work. This includes elective surgery. It includes cosmetic surgery. It also includes any illness or injury resulting from pregnancy, childbirth or related conditions.

California is one of only 5 states that offer short-term disability to nearly every employee in the state.  The State Disability Insurance, or SDI, is paid for by a small deduction from each employee’s paycheck. For 2007, the deduction is .06% of the employee’s salary up to $83, 389.

The California SDI program provides benefits to workers who have lost income due to a serious illness. The program pays 55% of the worker’s average weekly salary, up to $728 per week. Benefits can continue for up to 52 weeks, as long as a doctor certifies that the employee remains unable to work.

Under the law, an employee who is under a written quarantine order from a state or local health officer is entitled to SDI benefits. Although the worker may be healthy, he or she is unable to work due to conditions beyond his or her control.

Workers may qualify for SDI benefits for up to 30 days if they are a resident of an approved rehabilitation center for alcoholics. They may receive benefits for an additional 60 days if they remain a resident of the facility and a doctor certifies that they are unable to work.

For drugs, SDI provides benefits for 45 days as a resident of an approved drug-free residential program. An additional 45 days of benefits may be paid, if the employee remains a resident of a drug-free rehabilitation program and their doctor continues to certify that they are disabled.

However, SDI does not pay benefits for any stint in rehab which results from a criminal conviction. For example, an employee might be found guilty but ordered to spend time in rehab as an alternative to jail. Under those conditions, the employee DOES NOT qualify to collect SDI benefits.