Can I file for SDI instead of unemployment when employer stopped paying but won't lay me off?

You absolutely CAN file for SDI even if you're still technically employed! The key thing is that you have a medical condition preventing you from working, which you do. Your employment status isn't as important as having the medical certification from your doctor showing you're unable to work. When filling out the application, just be honest about your current employment situation. There's a section where you can explain special circumstances. The fact that they haven't paid you actually strengthens your case, not weakens it. Make sure your doctor has completed the medical certification correctly - that's the most important part for SDI approval. Your wage information will come from previously reported earnings from your employer anyway.

your doctor is the key here not ur employer!!! i was in almost EXACTLY the same situation in 2025 when my employer was going bankrupt (they eventually closed down completely). I had a serioius carpal tunnel issue and couldnt work. You need to apply for SDI not unemployment!!! unemployment is for when ur able to work but can't find a job. disability is when you CANT work due to medical issues. if your doctor certified you then you qualify 100%. whatever you do DONT CASH THOSE PARTIAL CHECKS YET!! at least talk to edd first because that could potentially affect your benefit calculation.

Im really sorry about your situation! But unemployment and disability are totally different programs. If your doctor says you cant work you need SDI not unemployment. Your HR person is giving bad advice. You have to be able and available to work to get unemployment which contradicts your doctors orders.

Make sure you file your SDI claim ASAP. There's a 7-day waiting period before benefits start, and then it takes about 14 days for EDD to process your claim (if there are no issues). Since you have a valid medical certification, you should qualify regardless of the weird situation with your employer. When you fill out the employment section, just list your employer normally and note that you haven't been paid recently. EDD will calculate your benefit amount based on your highest-earning quarter in the base period (which is earlier than your current non-payment situation). You might want to try calling EDD directly to explain your situation, but good luck getting through to anyone. I had to use this service called Claimyr (claimyr.com) to get connected to an agent without waiting for hours. They have a video showing how it works: https://youtu.be/1X-mEsLtbmQ?si=1hcSq3KFtCr4oAmd. Totally worth it when I was stuck in a complicated claim situation like yours.

Just to add a bit more clarity to what everyone's saying - SDI benefits are based on your BASE PERIOD earnings, which is typically 5-18 months before your disability claim begins. So your current non-payment situation shouldn't affect your benefit amount calculation. The most important parts of your application are: 1. Medical certification from your doctor (must be complete) 2. Accurate reporting of your last day worked before disability 3. Honest explanation of your employment situation Make sure to keep copies of everything you submit. The EDD system isn't exactly known for its efficiency...

wait did yu actually get a formal diagnosis?? i think thats the most important part here not the employment stuff. I tried to get disability for my back too and they denied me because my doctor didn't specify exactly what was wrong, just said "back pain" which wasnt specific enough. Make sure your doctor wrote down an actual diagnosis with recovery timeline, not just symptoms!!!!!

one more thing - when you file for sdi make SURE you indicate the correct last day worked. This is super important! If you put the wrong date it can mess everything up and delay your claim for weeks while they investigate. The last day worked should be the last day you physically performed work, even if you weren't paid for it.

has anyone talked to your employer about just laying people off officially so you can all get benefits? seems weird they want to keep everyone employed but not pay anyone. my company did something similar but finally the HR director convinced the owner to do official layoffs because it was better for everyone.

After reading all these comments, I think you should definitely proceed with your SDI claim right away. Your situation is actually quite common - people can be employed but unable to work due to medical conditions. That's exactly what SDI is for. Based on your diagnosis and doctor's certification, you have a strong claim. Just be upfront about the employment situation and focus on the medical aspect. Your back condition is the key factor here, not the employer's financial problems. Good luck with your recovery! Back injuries are no joke - I've been there and it took me a full 10 weeks to get back to normal.