Legal Question in Medical Leave in California
My company administers short term disability payments through Hartford insurance company. I've applied and been accepted for FMLA through my company. Should I also apply for california State Disability? Are my rights better protected under the SDI law? I already got a call from Hartford stating my claim is good for one month, in which case I'll have to be reassessed. I don't mind this, but I know the incentive for an insurance company is to minimize it's payouts. Can I be on both SDI and FMLA is what my question boils down to.
1 Answer from Attorneys
FMLA and SDI are not mutually exclusive. You can be on both. In fact, employers are not required to pay your salary while you are on FMLA, though you may exhaust accrued vacation and sick pay. If you qualify for short term disability, through a private insurance plan, you may get that too, though they usually only pay a portion of your salary. You can receive both SDI and private disability insurance, assuming all eligibility criteria is met.
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