Confused about SDI for intermittent leave after previous continuous claim - new filing required?

You'll need to file a new claim. Intermittent SDI is treated as a separate claim from your previous continuous leave, even if it's for the same medical condition. Make sure your doctor completes a new medical certification (DE 2501) specifying the intermittent nature of your disability. Also, be aware that each period of intermittent disability needs to be at least 8 consecutive days to qualify for benefits, unless it's related to the same or similar condition within 60 days of a previous period.

I had the same problem last year!!! My doctor approved intermitent leave for my back problems but when I tried to get paid from SDI they denied it because I wasnt off for enough consecutive days. Its super annoying because FMLA protects your job but doesnt pay you and then SDI has all these weird rules about how many days you need to be disabled. The whole system is terrible

To clarify what others have said, SDI does require a waiting period of 7 days (not 8) before benefits begin paying. For intermittent leave, this gets complicated. You essentially have two options: 1. If your intermittent absences will be clustered (like taking a full week off occasionally), you can file separate SDI claims each time you have a disability period of 7+ days. 2. If you're taking 1-2 days weekly as described, those isolated days typically won't qualify for SDI because they don't meet the consecutive day requirement. Your doctor needs to clearly understand how SDI works versus FMLA. FMLA protects your job for intermittent absences, but SDI has specific payment requirements. You'll need to file a new claim regardless since your previous claim is closed.

Thanks everyone for the responses. I called EDD multiple times trying to get clarification, but kept getting disconnected or put on eternal hold. This is so frustrating - I'm legitimately disabled on these days I can't work due to severe migraines, but because it's not 7 consecutive days, I just lose the income? That seems really unfair to people with chronic conditions that flare up periodically.

I think there's some confusion here between FMLA/CFRA and SDI. They're completely different programs: - FMLA/CFRA: Job protection that allows intermittent leave - SDI: Wage replacement that requires 7+ consecutive days of disability For your situation with 1-2 days per week of missed work, you're correct that FMLA will protect your job for those absences, but standard SDI won't typically pay benefits unless you have a stretch of 7+ consecutive days disabled. One potential workaround: If your doctor believes your condition might require a full week off at some point, they could certify you for a continuous period of disability when that happens, and you could file for SDI just for that period.

This might be a dumb question but has anyone tried just taking 7 consecutive days off initially to meet the waiting period requirement and then doing the intermittent days after that? Would that work with SDI or do they reset the clock whenever you go back to work? The EDD website is so confusing about this stuff.

One more thing that might be helpful: For 2025, if you have State Disability Insurance withheld from your paychecks (most CA employees do), you might want to look into Paid Family Leave (PFL) as another option. While it's typically used for caregiving or bonding, some people with chronic conditions have used it strategically when SDI doesn't cover their specific situation. Just another potential avenue to explore. Also, whatever you decide, make sure all your paperwork explicitly states whether you're filing for continuous or intermittent leave, as this affects how EDD processes your claim.

I've been through a similar situation with chronic migraines and SDI. One thing that helped me was asking my doctor to document "episodic disability" patterns - when my migraines cluster together for longer periods. Sometimes chronic conditions like migraines can have phases where you might need 7-10 consecutive days off during particularly bad flare-ups, which would qualify for SDI. Also, keep detailed records of your migraine patterns and missed work days. This documentation can be helpful if you need to demonstrate to EDD that your condition sometimes requires longer continuous periods of disability. Some migraine sufferers find their condition naturally clusters into longer periods during seasonal changes or stress cycles. Don't give up on trying to reach EDD by phone - try calling right when they open at 8 AM. The wait times are usually shorter first thing in the morning. Good luck with your claim!