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EDD SDI reporting dilemma: Do I need to report February paycheck for January work during maternity leave?

I'm officially on maternity leave as of last week (yay!) but I'm totally confused about how to handle my upcoming paycheck situation with EDD. Here's the deal: I worked until January 28th before starting my SDI maternity leave, but I have a commission-based component to my job that won't pay out until mid-February (about $3,200). My first SDI payment should hit my account any day now. My HR department is insisting I'll need to report this February paycheck to EDD as "income during disability" even though it's 100% for work I completed BEFORE going on leave. When I asked for clarification on how to report it, they just said "call EDD" and basically washed their hands of helping me figure it out. I'm worried about getting flagged for overpayment if I don't report it, but it seems wrong to have my SDI benefits reduced for money I earned while still working. HR mentioned I could ask my company to hold the payment until I return from leave in May, but honestly, our company has been having financial issues, and I'm not confident the money will still be there when I get back. Has anyone dealt with this delayed payment situation during maternity leave? How did you handle reporting it to EDD? I'm stressed about making a mistake that could affect my benefits or create an overpayment mess.

This is actually a common issue with commission-based or project-based work. Since the work was performed BEFORE your disability began, this should NOT count as income during your disability period. When you report wages to EDD during disability, you're supposed to report income based on when you EARNED it, not when it was paid to you. Your HR department is incorrect here. When you certify for benefits, you'll see a question asking if you worked or earned wages during the certification period. Since you earned this money before your disability started, you should answer "no" to this question for your February certification. I went through something similar with consulting fees that paid out during my maternity leave. I called EDD to confirm (took forever to get through), and they verified that I should report based on when the work was performed, not when I received payment.

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Thank you soooo much for this clarification! My HR department has been so unhelpful and I was really stressing about it. Did you have to provide any documentation to EDD about when the work was actually performed vs. when you got paid? I'm worried they might see the payment date and automatically assume it was for work during my disability period.

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DONT LISTEN TO THE PREVIOUS ADVICE!!! I did EXACTLY what they're saying with my bonuses last year and got SLAMMED with a $5k overpayment notice 6 months later!!! EDD doesnt care when you EARNED the money, they care when you RECEIVED it. If that money hits your account during disability, you HAVE to report it or they will find out through tax records and youll owe it back with penalties. The EDD system is BROKEN and completely unfair but thats how it works. Either hold the payment or report it. Dont risk the headache of fighting an overpayment notice while dealing with a newborn!!!!

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I'm sorry you had that experience, but I think there's a misunderstanding here. The EDD specifically distinguishes between when money is earned versus received in certain situations, particularly with disability claims. The key is proper documentation. If you can clearly show the work was performed before disability began (with timesheets, contracts, etc.), this shouldn't be counted as earnings during disability. That said, I agree that the system can be frustrating and sometimes inconsistent. OP should definitely keep detailed records either way.

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I had something similar happen last year with my maternity leave! I received a performance bonus during my leave for work done the previous quarter. The way I handled it was to get a letter from my employer stating exactly what period the payment was for (the dates the work was performed) and that it was earned before my disability began. When I called EDD to ask about it, I couldn't get through for DAYS. I finally used this service called Claimyr (claimyr.com) that got me connected to an EDD rep in about 20 minutes instead of spending hours redialing. They have a video showing how it works here: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5 The EDD rep confirmed that I should report based on when the work was performed, not paid. But having that letter from my employer was critical in case there were questions later. Definitely get something in writing from your company!

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That's really helpful! I'll ask HR for a letter confirming the dates the work was performed. They might be unhelpful about telling me how to report it, but hopefully they'll at least document when the work was actually done. And thanks for the Claimyr tip - I've been trying to get through to EDD for two days now with no luck!

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There's a specific distinction in EDD rules between "wages in lieu of notice" (reportable) and "severance pay" (not reportable for SDI purposes). Similarly, there's a distinction for commissions/bonuses based on when the work was performed vs paid. Here's what you need to do: 1. Get documentation from your employer stating the exact period during which the work was performed (dates) and that it was completed prior to your disability period 2. When certifying, answer "no" to questions about working during the certified period 3. Keep all documentation for at least 3 years in case of audit 4. If questioned, clearly explain these were earnings for work performed prior to disability I've handled dozens of these cases and the key is proper documentation showing when the work was actually performed. Your HR department should absolutely provide this documentation - push back if they refuse.

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but what if her company wont give her the letter?? my hr was the SAME way when i was on leave last summer, they barely answered emails and werent helpful AT ALL

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If they refuse, document all your attempts to get the letter (emails, etc). Then create your own written statement with as much supporting evidence as possible - emails discussing projects, timesheets, calendar entries showing meetings/deadlines prior to leave. Send this to HR via email asking them to correct any inaccuracies, and if they don't respond, note that as well. The goal is creating a paper trail showing you made good-faith efforts to properly document everything.

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ok so ive been thru this 2x with my pregnancies and here's the real deal: technically u should report based on when the work was done but EDD's system isnt sophisticated enough to handle this nuance most of the time. what i did was report it when paid BUT i wrote a note in the comments section explaining these wages were for work done before disability. never had any problems. the note is key!!!

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That's a really smart approach! I didn't realize there was a comments section where I could explain the situation. That seems like a good compromise that covers me either way.

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Just curious - how far along are you? I'm 36 weeks and so nervous about getting everything in order before baby comes! My doctor mentioned possibly starting disability at 38 weeks and I'm stressing about all the paperwork too.

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I'm actually already a week postpartum! Had my little girl last Thursday 😊 I started my disability the day before my scheduled C-section. Definitely start organizing your paperwork now - the last thing you want to deal with is EDD confusion when you're sleep-deprived with a newborn! And congrats and good luck!!

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OMG congrats!!! 🎉👶 Hope you're healing well from the C-section! Thanks for the advice - definitely getting my paperwork ready now. So many forms!!

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why is no one talking about the REAL issue here - the fact that EDD and employers make this SO CONFUSING on purpose? the whole system is designed to make us mess up so they can deny benefits. i spent WEEKS fighting with them about my bonding period after disability and no one gave me straight answers either. the most frustrating part of maternity leave isnt the lack of sleep, its dealing with this broken system!!!

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omg THIS!! 👏👏👏 i cried on the phone with EDD like 3 times during my leave last year. its like they WANT us to make mistakes!!

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Quick update on my earlier comment: I checked the latest EDD SDI handbook (2025 edition) and it specifically addresses this scenario on page 12: "Wages earned before the disability period but paid during disability should not be reported as earnings during disability. Documentation may be required to verify when the work was performed." This confirms what several people have mentioned - you need to focus on when the work was performed, not when it was paid. But documentation is key to avoid problems later.

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Thank you so much for finding the exact reference! That's incredibly helpful and gives me something specific to point to if there are any questions. I'll definitely be getting documentation from my employer.

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UPDATE: I wanted to share what happened in case anyone else runs into this issue! I ended up using Claimyr to reach an EDD rep (thanks for that tip - totally worth it to not spend hours calling). The rep confirmed that I should NOT report the February payment since it was for work completed before my disability period began. I requested and received an email from my manager confirming the dates the work was performed (Jan 3-26) and that the payment was delayed solely due to our company's commission payment schedule. I'm keeping this documentation saved just in case there are any questions later. Thanks everyone for your help! Now I can focus on my baby instead of stressing about EDD issues. 😊

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Great solution! Glad you got it sorted out and have the documentation to back it up. Enjoy your time with your little one!

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