There are many types of leave available to employees, ranging from paid to unpaid, each with its own eligibility requirements and benefits.
Some leave types provide financial support during time away from work, while others offer job protection without compensation.
This article will break down the different kinds of
leave available, explain who qualifies for each type, and provide guidance on how to apply for and access these benefits. Whether you're seeking
time off to care for a new child, recover from an illness, or handle a personal situation, understanding your rights and options is the first
step to getting the support you need.
Family and Medical Leave Act (FMLA)
Jurisdiction: Federal Type: Job protection Duration: Up to 12 weeks
SDI provides short-term Disability Insurance and Paid Family Leave wage replacement benefits to eligible workers who need time off work.
Eligibility for State Disability Insurance (SDI)
To be eligible for SDI benefits, you must meet the following criteria:
Be unable to perform your regular or customary work for at least eight days
Have lost wages due to your disability
Be employed or actively seeking work when your disability begins
Have earned at least $300 from which SDI deductions were withheld during your base period
Be under the care and treatment of a licensed physician/practitioner or accredited religious practitioner within the first eight days of your disability
Filing a Claim
When to File:
No earlier than nine days after your disability begins
No later than 49 days after your disability begins
If you have a valid reason for filing late, provide an explanation when submitting your claim.
Required Documentation:
Complete and submit the Claim for Disability Insurance (DI) Benefits (DE 2501)
Have your physician/practitioner complete the medical certification portion of your claim
Medical Certification
A nurse practitioner may certify a disability within their scope of practice
For disabilities related to normal pregnancy or childbirth, a licensed midwife, nurse-midwife, or nurse practitioner may complete the medical certification
If under the care of an accredited religious practitioner, use the Claim for Disability Insurance Benefits-Religious Practitioner's Certificate (DE 2502)
Additional Information
Citizenship and immigration status do not affect eligibility
Your employer will be notified of your DI claim, but medical information remains confidential
School employees have special eligibility rules during school breaks
An independent medical examination may be required to determine initial or continuing eligibility
For Misclassified Workers
If you believe you've been misclassified as an independent contractor, you should still apply for DI. The department will determine your eligibility.
Timeline for submitting your claim
Day 0: Stop working due to pregnancy-related disability
Days 1-8: Obtain and complete your portion of the SDI form; have your healthcare provider complete their part