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California Department of Human Resources (CalHR)

This document outlines the responsibilities of the California Department of Human Resources, the Employment Development Department, employers, and employees regarding the State Disability Insurance (SDI) program. It also provides information on employee eligibility, benefits, and health insurance coverage during SDI.

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California Department of Human Resources (CalHR)

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  1. California Department of Human Resources(CalHR) State Disability Insurance (SDI) Program

  2. COVERED EMPLOYEES • Rank and File Employees Only • Bargaining Units • 1, 3, 4, 11, 14, 15, 17, 20, and 21 (SEIU) • EXCEPTION: Seasonal clerks in BU 4 are not eligible for SDI. Article 18.3.H.6of the contract.

  3. CALHR’s RESPONSIBILITIES • Assure compliance with the MOU provisions. • Provide interpretation of policies and procedures. • Implement changes and updates that arise through bargaining negotiations. • Consultation as needed.

  4. CALHR’s RESPONSIBILITIES (page 2) Notes: • PML 2006-042 is an excellent guide. • Contract negotiated in 2010 added “current state employees who transfer into a SEIU bargaining unit who are eligible for ENDI and NDI benefits prior to transfer shall be entitled to retain their ENDI and NDI eligibility for 6 months.” Article 9.17.C of the contract.

  5. CALHR’s RESPONSIBILITIES (page 3) • When sending the 674D to SCO, note ENDI/NDI eligibility in item 11 so SCO does not return the form to you saying the employee is not eligible for benefits.

  6. CALHR’s RESPONSIBILITIES (page 4) • When determining eligibility, remember to look at more than the employees classification, always look at the employee.

  7. CALHR’s RESPONSIBILITIES (page 5) Example: • CONFIDENTIAL employee’s may appear to be in a SEIU bargaining unit but because they are confidential they are not covered by the bargaining unit and are eligible for NDI. Make sure you give the employee the correct disability information.

  8. EDD’s RESPONSIBILITIES • Administers the DI/PFL Programs • Employment Development Department website • For information on how to file a claim and to get forms, go to the their website. • Employees also have the option to apply online.

  9. EMPLOYER RESPONSIBILITIES • Post Notice to Employees, DE 1857A • Notice lists DI/PFL and includes EDD contact info. If you don’t have this notice you can get it from EDD’s website.

  10. EMPLOYER RESPONSIBILITIES (page 2) • Provide employees with an options letter/check list • Refer to attachment D and E in PML 2006-042. (dept. may modify to meet their needs)

  11. EMPLOYER RESPONSIBILITIES (page 3) • Return DE2503 form to EDD • The form is sent out by EDD when an employee files a claim. Complete quickly and return.

  12. EMPLOYER RESPONSIBILITIES (page 4) • Managers, Supervisors and Employees must communicate with HR staff • This will eliminate any confusion for all. Everyone needs to communicate to ensure there are no overpayments.

  13. EMPLOYEE RESPONSIBILITIES • Request a leave of absence. • Employee contacts their department’s Human Resources (HR) office and their immediate supervisor or manager.

  14. EMPLOYEE RESPONSIBILITIES (page 2) • Notify their HR office if they elect to supplement. • SEIU MOU 9.17– employee or representative must contact HR within 1 week of being disabled.

  15. EMPLOYEE RESPONSIBILITIES (page 3) • Employee must request the supplementation within the first 7 days of their LOA; • Employee may supplement up to 40 hrs. per month, does not include the 7 days waiting period.

  16. EMPLOYEE RESPONSIBILITIES (page 4) • Provide HR copies of SDI pay statements. • In order for HR to post supplementation credits the employee must provide copies of their SDI pay statements per SEIU MOU 9.17. • HR must have this to eliminate any overpayments.

  17. EMPLOYEE RESPONSIBILITIES (page 5) • Provide documentation of any changes in their health status or SDI benefits. • If employee is released to return to work part-time or employee is no longer receiving SDI benefits.

  18. HEALTH INSURANCE COVERAGE (Health, Dental, and Vision) • 26 weeks of benefit continuation • Benefits are covered up to 26 weeks per contract. Although, SDI itself may be up to 52 weeks.

  19. HEALTH INSURANCE COVERAGE (Health, Dental, and Vision) (page 2) • If SDI is longer than 26 weeks and the employee is supplementing, benefits may be covered if the supplementation amount is enough money to cover the cost. • Otherwise, offer the employee Direct Pay.

  20. HEALTH INSURANCE COVERAGE (Health, Dental, and Vision) (page 3) • Accounts Receivables are set up for the employee’s portion of the premiums upon the employee’s return to work. • Method of collection is by mutual agreement between the employee and employer.

  21. HEALTH INSURANCE COVERAGE (Health, Dental, and Vision) (page 4) • Overpayments may be satisfied through payroll deduction, agency collection or the use of leave credits (excluding sick leave). Notes: • PML 2006-042 • SCO Payroll Letter 06-025 • Article 9.17 of the SEIU MOU

  22. LEAVE OF ABSENCE REQUIREMENTS • An employee is required to obtain an approved leave of absence. • The department MUST grant an unpaid leave of absence when SDI is approved. • The leave of absence is the mechanism through which we are able to implement SDI.

  23. LEAVE OF ABSENCE REQUIREMENTS (page 2) • Being eligible for FMLA/CFRA will not affect whether a leave of absence is approved or not. • If the qualifying injury or illness continues beyond the expiration date of the SDI benefits, the leave of absence may be extended.

  24. LEAVE OF ABSENCE REQUIREMENTS (page 3) • A leave may be granted due to illness, injury, pregnancy, or a need to bond or care for a newborn or adopted child. • A leave may also be granted due to a family illness or injury.

  25. LEAVE OF ABSENCE REQUIREMENTS (page 4) Notes: • Employee must contact their department’s Human Resources (HR) office and their immediate supervisor or manager. • PML 2006-042 has a sample of a leave of absence request for SDI.

  26. SUPPLEMENTING SDI BENEFITS WITH LEAVE CREDITS • An employee may use leave credits to satisfy the 7 day waiting period. • 40 hour maximum leave credit supplementation (does not include the 7 day waiting period).

  27. SUPPLEMENTING SDI BENEFITS WITH LEAVE CREDITS (page 2) • An employee supplementing and receiving SDI benefits shall not exceed the salary they would have received had they been working.

  28. SUPPLEMENTING SDI BENEFITS WITH LEAVE CREDITS (page 3) • Must notify the employer within the first 7 days of the leave per MOU Article 9.17. • Amount of leave must remain the same throughout the leave of absence. • The employee elects to use 20 hrs. and after 3 months only has 10 hrs. then the supplementation would be reduced.

  29. SUPPLEMENTING SDI BENEFITS WITH LEAVE CREDITS (page 4) • Must provide HR office with copies of the pay statement • Employees receive debit cards and will receive a pay statement (DE2500E) showing the information previously shown on the check stub. They can also print electronically by logging into their profile on EDD’s website.

  30. LEAVE USED TO SUPPLEMENT • Annual Leave/Vacation Leave • Compensating Time Off (CTO) • Furlough • Holiday Credit • Personal Leave (PLP or VPLP)

  31. LEAVE USED TO SUPPLEMENT (page 2) • Professional Development Days (PDD) • Sick Leave • Sick leave is okay during DI portion of SDI but is in conflict with SDI benefit.

  32. SDI SCENARIO 1 Question 1: The employee is on SDI for 30 weeks and has elected to supplement 40 hours per month. Will the health benefit coverage continue beyond the 26 weeks?

  33. SDI SCENARIO 1 (page 2) Answer 1: Yes. The health benefit’s will be covered for the remaining 4 weeks by the use of leave credits. The supplementation will cover the additional weeks. If the employee has enough leave to supplement for 52 weeks then benefit coverage will be continued for 52 weeks.

  34. SDI SCENARIO 2 Question 2: The employee is out on SDI for 9 months and elected to supplement 30 hours a month for 6 months. Will the health benefits coverage continue beyond the 26 weeks?

  35. SDI SCENARIO 2 (page 2) Answer 2: No. The department must notify the employee of their option to elect direct pay. The employee is only entitled to 26 weeks of benefit continuation during SDI unless they are supplementing. If the supplementation goes beyond the 26 weeks and is enough to cover the employee share of the premiums then benefits will be continued.

  36. SDI SCENARIO 3 Question 3: How will departments know when the SDI benefits end, since EDD does not provide departments with the end date of the employee’s SDI?

  37. SDI SCENARIO 3 (page 2) Answer 1: It is the responsibility of the employee to notify their HR department with any changes in their SDI benefits.

  38. SDI SCENARIO 3 (page 3) Answer 2: The employee’s bargaining unit agreement in Article 9.17 states the employee provide copies of their pay statements. If the employee is no longer providing HR with SDI pay statements the department may discontinue the health benefits as well as supplementation.

  39. SDI SCENARIO 4 Question 4: Can an employee supplement while on Paid Family Leave (PFL)?

  40. SDI SCENARIO 4 (page 2) Answer 1: Yes. An employee may elect to supplement while on DI or PFL.  Answer 2: PFL is a component of SDI and employees may supplement.

  41. SDI SCENARIO 5 Question 5: How many leave credits can a part-time or intermittent employee use for supplementation? Answer: An employee may supplement up to 40 hours of leave credits per month.

  42. SDI SCENARIO 6 Question 6: Must an employee be eligible for FMLA to receive the 26 weeks of health benefits? Answer 1: No. An employee does not have to be FMLA qualified to receive health benefits.

  43. SDI SCENARIO 6 (page 2) Answer 2: When SDI was first introduced employees had to be eligible for FMLA/CFRA in order to have their benefits continued and the continuation was only for 12 work weeks. Then the employee was offered direct pay. That was changed and as you know employees now receive up to 26 weeks of benefits during SDI.

  44. SDI SCENARIO 7 Question 7: When an employee elects to supplement their SDI is there a specific leave that must be used first?

  45. SDI SCENARIO 7 (page 2) Answer 1: No. The type of leave credits used is determined by the employee. Answer 2: Sick leave may only be used for a sick leave qualifying reason. Sick leave for baby bonding is not appropriate unless the baby is ill or has a medical appointment.

  46. SDI SCENARIO 8 Question 8: When an employee transfers from an excluded position to a rank and file position, which benefit will cover the employee?

  47. SDI SCENARIO 8 (page 2) Answer 1: If the employee was eligible for ENDI and NDI prior to transfer they are entitled to retain their ENDI/NDI eligibility for 6 months. See Article 9.17 of the contract.

  48. SDI SCENARIO 8 (page 3) Answer 2: The employee may apply for NDI and SDI, and EDD will determine the employee’s eligibility for benefits under the appropriate programs. Case by case basis.

  49. SDI SCENARIO 9 Question 9: When an employee who has paid into SDI, transfers from a rank and file position to an excluded position, is the employee now eligible for both SDI and NDI? Answer 1: EDD is responsible for determining the employee’s eligibility for both SDI and NDI benefits.

  50. SDI SCENARIO 9 (page 2) Answer 2: Even though EDD may approve both, the employee only receives NDI benefits from the employer. This means the employee may not supplement up to 40 hours a month. Supplementation of NDI is only when the employee is on annual leave and has requested to supplement to receive 75 or 100% of their pay.

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