Can I use vacation/sick pay during EDD waiting period without penalty?
Hey everyone, I just got temporarily laid off from my warehouse job and I'm filing for unemployment for the first time. My HR mentioned there's a waiting period before EDD payments kick in. I have about 32 hours of vacation time and 18 hours of sick pay saved up. Can I use these during those first days that EDD doesn't cover, or would that somehow mess up my claim or reduce my benefits? I don't want to get hit with some kind of penalty or have my claim delayed even longer. Anyone dealt with this before? Thanks!
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Ella rollingthunder87
yea u can use ur sick/vac time during waiting period... EDD has a 1 week waiting period anyway so might as well get paid something!!
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Tony Brooks
•Thanks! So using the vacation time won't reduce my weekly benefit amount after the waiting period? That's my main worry.
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Yara Campbell
You can absolutely use your vacation and sick time during the one-week waiting period. It won't create any penalties or problems with your claim. The waiting period is unpaid by EDD no matter what, so you might as well get paid by your employer during that time. Just make sure that when you certify for that week, you accurately report any wages/income received. Your vacation pay should be reported for the week you receive it. It won't affect future weeks of benefits if reported correctly.
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Tony Brooks
•That's exactly what I needed to know! I wasn't sure if vacation pay counted the same as regular wages for reporting purposes. So I'll definitely report it properly when I certify.
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Isaac Wright
Wait I'm confused about something related to this. When I got laid off in January, my company also gave me some vacation payout. I reported it on my certification but then my claim got stuck on pending for like 3 weeks! When I finally got through to EDD, they said something about needing to verify the vacation payout wasn't actually severance pay. It was such a headache!!! Just be prepared that it might trigger a review or something.
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Maya Diaz
•thats different tho. sounds like u got a lump sum vacation PAYOUT when u separated. OP is talking about using accrued time during waiting period while still technically employed but laid off. different situation
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Tami Morgan
The real problem isn't using vacation during waiting period - it's REACHING A HUMAN AT EDD if something goes wrong with your claim!! Good luck getting through if there's any issue. I spent 4 weeks calling 200+ times per day!!!
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Rami Samuels
•If you're having trouble reaching EDD by phone, I'd recommend trying Claimyr. It's a service that calls EDD for you and connects you when they get through to a live agent. Saved me hours of frustration last month when my certification got stuck. They have a video that shows how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. Their website is claimyr.com. Worth checking out if you get desperate!
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Haley Bennett
Let me explain how this works from my experience (I've been through several layoffs in construction): 1. EDD has a mandatory one-week waiting period that is NEVER paid by them 2. Using vacation/sick time during this week is perfectly fine and smart 3. You DO need to report the vacation pay when certifying 4. The key distinction: vacation pay used during active employment is different from vacation payout after termination 5. As long as you're using time while technically still employed (just temporarily laid off), it's straightforward One thing to watch for - make sure your employer classifies you correctly. If they report you as fully terminated instead of temporarily laid off, and then give you vacation payout, it could complicate things.
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Tony Brooks
•This is super helpful, thank you! My situation is definitely a temporary layoff (they expect to bring us back in about 8 weeks). I'll double-check with HR about how they're classifying it.
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Douglas Foster
i THINk sick time doesnt count as wages but vacation does?? anyone know for sure? i always get confused about which is which when certifying
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Yara Campbell
•Both sick pay and vacation pay count as wages and should be reported when certifying. The key is what week you're reporting them for - report them for the week you actually use/receive them, not when they're accrued.
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Maya Diaz
back in 2023 I had this EXACT situation and let me tell you what happened. I used my vacation during waiting period, reported it properly, and everything was fine. Then months later EDD randomly sent me a letter saying I was overpaid!!! Took forever to sort out. Make sure you keep ALL pay stubs and documentation about your vacation time usage. Just in case they come back later with questions.
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Tony Brooks
•Ugh, that sounds like a nightmare. I'll definitely keep all documentation. Did you eventually get it sorted out without having to repay anything?
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Maya Diaz
•yeah eventually after like 3 phone calls and sending in copies of my pay stubs. turned out my employer had reported my earnings wrong. just keep EVERYTHING is my advice
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Haley Bennett
Just to add another important point: when you certify for benefits and report your vacation/sick pay, make sure you answer "Yes" to the question about whether you received any income for that week. Select "vacation pay" or "sick pay" from the dropdown menu, enter the amount before taxes, and the dates. Being precise with this information prevents problems later. Also, temporary layoffs sometimes qualify for partial benefits if you're working reduced hours rather than zero hours. So make sure you understand your exact employment status.
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Tony Brooks
•Thanks for the detailed explanation! This is my first time navigating unemployment, so all these specific steps are really helpful. Our layoff is complete (zero hours) for now, with an expected recall date.
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