EDD reporting confusion: Do sick leave hours count towards UI gross wages calculation?
I'm filling out my UI application for the first time since 2021 and I'm stuck on the 'Total Gross Wages' section. The form says to report 'All wages earned, before taxes and deductions, while working for this employer in the past 18 months.' Here's my question - does sick leave pay count as 'wages earned'? For example, if I worked 38 regular hours and took 2 hours of paid sick leave in a week, should I calculate my gross wages based on 38 hours or the full 40? My gut says include everything on my W-2, but I don't want to mess up my claim. Anyone know the right answer?
21 comments

Nathaniel Mikhaylov
Yes, you should include ALL compensation on your UI application, including sick pay. The Total Gross Wages means everything that appeared on your W-2 from that employer during the past 18 months. So calculate based on the full 40 hours in your example (38 regular + 2 sick). EDD considers all forms of compensation when determining your benefit amount - regular wages, overtime, sick pay, vacation pay, holiday pay, bonuses, commissions, etc.
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Melody Miles
AuthorThank you! That's super helpful. Does this apply to all types of paid leave then? I also had some vacation time and a few holidays during that period.
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Eva St. Cyr
i did my claim last month and put everything that was on my w2 and it worked out fine 👍 dont overthink it
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Melody Miles
AuthorThanks for the reassurance! Sometimes I get too caught up in the details.
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Kristian Bishop
That's NOT entirely correct. Sick leave is handled differently depending on whether it was paid out upon separation or used during employment. If you USED sick leave during employment (your 2 hour example), then YES include it in your gross wages. If you were PAID OUT unused sick leave when you left the job, that's considered a termination payment and should NOT be included in your UI calculation. The EDD website explains this but it's buried in their documentation.
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Nathaniel Mikhaylov
You're right about the termination payout distinction - good catch. But in the OP's example of sick leave used during regular employment, it definitely counts as wages for UI purposes.
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Melody Miles
AuthorThis is a really important distinction, thank you! All my sick leave was used during employment, not paid out at the end, so sounds like I should include it all.
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Kaitlyn Otto
I included EVERYTHING on my application and then the EDD sent me a notice showing what quarters they were using to calculate my benefit amount. The notice showed different numbers than what I submitted but they gave me a decent weekly benefit amount. So I wouldn't stress too much about being 100% perfect.
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Axel Far
When I filed last year I got so frustrated with the EDD phone lines - kept getting the "we're experiencing high call volume" message for DAYS when I had questions about my wages. Finally found this service called Claimyr (claimyr.com) that got me through to an EDD rep in about 20 minutes when I'd been trying for a week on my own. They have a demo video if you want to see how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km. It was such a relief to actually talk to someone who could answer my specific questions about what to include.
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Melody Miles
AuthorThanks for the tip! I'll keep this in mind if I run into more roadblocks. I've already tried calling twice today with no luck.
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Jasmine Hernandez
I've used Claimyr too when my claim had issues. Saved me days of frustration trying to get through the phone lines.
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Luis Johnson
BEWARE: I had a friend who DIDNT include his sick pay and vacation pay and the EDD flagged his claim for "income reporting fraud" and he had to go through a whole phone interview!!! Its not worth the risk just include ALL THE MONEY they paid you!!!
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Melody Miles
AuthorYikes! Definitely don't want to trigger any fraud flags. Thanks for the warning.
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Jasmine Hernandez
To directly answer your question: For UI reporting purposes, you should report wages based on 40 hours in your example (38 worked + 2 sick leave). But here's something important to understand - EDD will verify your wages with employer records anyway. They'll send you a "Notice of Unemployment Insurance Award" (DE 429Z) showing the wages they have on record for your base period. If there's a discrepancy, you can request a wage investigation. So while accuracy is important, don't stress too much about small differences. The system has built-in verification processes.
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Melody Miles
AuthorThis is really helpful context, thank you! I'll do my best to be accurate but it's good to know there's a verification process if I make a mistake.
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Eva St. Cyr
anyone know how long til the first payment? i keep hearing different things
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Jasmine Hernandez
That's a separate topic, but generally if you have a clean claim with no issues, you should get your first payment within 7-10 days after your first certification. However, if there are any flags on your account or identity verification issues, it can take several weeks.
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Eva St. Cyr
thx mine took 3 weeks last time hope its faster now
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Kristian Bishop
Here's the technical explanation: The EDD uses a specific definition of "wages" from the California Unemployment Insurance Code (CUIC) Section 926-940. This definition includes ALL compensation for personal services, whether paid as salary, hourly pay, piece work, commissions, sick pay used during employment, etc. The only exceptions are certain specified payments like termination payouts of unused leave, certain pension distributions, and worker's comp. So for your specific example: Yes, include the 2 hours of sick leave with your 38 regular hours because it was USED during employment, not paid out upon termination.
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Melody Miles
AuthorThank you for providing the specific legal reference! That makes it crystal clear. I appreciate the detailed explanation.
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StarStrider
Just wanted to add my experience - I filed my UI claim a few months ago and was also confused about what to include. I ended up calling the EDD helpline (after many attempts) and the rep specifically told me to include ALL forms of paid leave that I actually used during employment - sick leave, vacation days, personal days, etc. She said the key distinction is whether you USED the leave during your employment period or if it was PAID OUT as a lump sum when you left. Used during employment = include it. Paid out at termination = don't include it. Hope this helps clarify things!
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