CA Disability Benefits vs. Paid Sick Leave confusion - employer limiting my surgery recovery days

omg this is SO typical of california employers!!! they always try to get away with this crap. its definitely ILLEGAL for them to restrict which days you can use PSL on - paid sick leave is protected by law and they cannot interfere with your right to use it. my boss tried this same garbage last year when i needed sinus surgery. contact the labor commissioner's office ASAP!!!! they handle all paid sick leave violations.

This isn't an EDD issue at all actually. Paid Sick Leave is enforced by the Department of Industrial Relations/Labor Commissioner's Office. You can file a wage claim with them if your employer denies your legally protected sick leave. But honestly just telling your boss you know your rights might be enough to make them back down.

I'm going thru something similar and I'm so stressed. My doctor said my condition wasnt severe enough for SDI but I need 2 weeks off work. My boss is only letting me take 3 days of sick time and says I need to use vacation for the rest. Is that legal?? This whole system is confusing.

This is definitely NOT an EDD issue. EDD handles unemployment and state disability (SDI). For paid sick leave disputes, you need to contact the California Labor Commissioner's Office (also called the Division of Labor Standards Enforcement or DLSE). They handle all workplace rights violations including sick leave. Your employer cannot dictate which specific days you're allowed to use sick leave for legitimate medical purposes. That's a clear violation of California's Healthy Workplaces, Healthy Families Act. Document everything in writing (emails are best) and if they continue, file a complaint with the Labor Commissioner. Also, depending on the nature of your surgery, you might be eligible for job-protected leave under CFRA (California Family Rights Act) even if you don't qualify for paid SDI benefits. Worth looking into if your recovery might take longer than expected.

While this isn't directly EDD-related, it's important to understand the difference between SDI and PSL in California: 1. SDI (State Disability Insurance) is administered by EDD for longer/more serious medical conditions 2. PSL (Paid Sick Leave) is enforced by the Labor Commissioner's Office for shorter illnesses/medical care For your specific situation, you should file a complaint with the Labor Commissioner if your employer denies your request. California law specifically prohibits employers from denying valid sick leave requests or creating policies that discourage employees from using sick leave (like restricting which days of the week you can take). Here's the form you need: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm One important thing to know - make your request in writing (email) and keep copies of all communications. If they verbally deny you, follow up with an email summarizing what they said.

Everyone is correct that this isn't an EDD issue, but I want to add something important: if your surgery ends up requiring more time off than expected, you might qualify for SDI after all. Many people don't realize that you can apply for SDI benefits even after you've started using paid sick leave if your condition worsens or recovery takes longer. For your current issue, you should: 1. Submit your PSL request in writing (email) with doctor's note attached 2. If denied, remind employer of California Labor Code section 246.5(a) which prohibits requiring employees to find replacements or restricting when sick leave can be used 3. File a complaint with the Labor Commissioner if they persist Best of luck with your surgery!

Im in HR and ur boss is wrong!!! CA paid sick leave law says employers CANNOT dictate which days employees use PSL or require more documentation for certain days of the week. They can ask for a doctors note if that's their policy but it must apply equally to ALL days. This is a common violation and the Labor Commissioner takes it very seriously. I've seen employers fined thousands for this exact thing.

BTW if you need to actually talk to someone at the Labor Commissioner's office about this, good luck getting through on the phone... took me WEEKS of calling when I had my issue. I finally used this service called Claimyr that got me through to a live person at the Labor Commissioner in like 15 minutes. Their website is claimyr.com - they have a video showing how it works here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km - saved me so much frustration. They can connect you to pretty much any CA government agency including EDD which is how I found them originally.

One more thing to consider: check if your employer is large enough to be covered by FMLA/CFRA (50+ employees). If so, your surgery and recovery might qualify for job-protected leave even if it doesn't qualify for SDI. This would protect your job while you recover, though it doesn't necessarily provide additional paid time beyond your PSL. The distinction between these different types of leave protections can be confusing.

Just to clarify for everyone: There are multiple types of medical leave protection in California, and they're enforced by different agencies: - SDI (State Disability Insurance): Paid benefit for longer disabilities, administered by EDD - PSL (Paid Sick Leave): Required for all employees, enforced by Labor Commissioner - FMLA/CFRA: Job protection for medical issues, enforced by DFEH/EEOC The OP's issue is specifically about PSL, which falls under the Labor Commissioner's jurisdiction. Their employer cannot restrict which days they use PSL if it's for a legitimate medical purpose like surgery recovery.