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Frequently Asked Questions

 

 

Can employees supplement Permanent Disability (PD) advances with leave credits?Can employees supplement Permanent Disability (PD) advances with leave credits?<p>​No. There is no statutory authority to supplement PD advances with leave credits.</p>
Can an employee opt to use their sick leave in lieu of IDL?Can an employee opt to use their sick leave in lieu of IDL?<p>​No. Government Code section 19871 states that the employee shall receive IDL. However, employees are allowed to use leave credits or dock to cover periods of disability that have not yet been confirmed by State Fund. Once the period of disability has been confirmed by State Fund, the agency will restore those leave credits and pay IDL.</p>
If an employee is injured prior to becoming a CalPERS or CalSTRS member and becomes a member while on TD, can he or she elect to go on IDL?If an employee is injured prior to becoming a CalPERS or CalSTRS member and becomes a member while on TD, can he or she elect to go on IDL?<p>​No. The employee must remain on TD for the duration of the disability because they were not eligible for IDL on the date of injury.</p>
Can an employee receive IDL after reaching maximum medical improvement or becoming permanent and stationary?Can an employee receive IDL after reaching maximum medical improvement or becoming permanent and stationary?<p>​When an employee becomes permanent and stationary, they are no longer eligible for IDL. However, in some cases, an employee will experience a subsequent period of temporary disability. This would entitle the employee to an additional period of IDL if State Fund confirms the subsequent period of temporary disability and the employee has not exhausted their IDL benefits. </p>
Is it possible for an employee to receive IDL and NDI on the same date, assuming that they qualify for both benefits?Is it possible for an employee to receive IDL and NDI on the same date, assuming that they qualify for both benefits?<p>​Yes. If the NDI benefit is greater than the IDL benefit that the employee is due for the day, the employee gets the IDL and the balance due for NDI. For example, if the IDL benefit is $10 and the NDI benefit is $19, the employee receives $10 in IDL benefits and $9 in NDI benefits. Refer to Government Code section 19882. </p><p>This is uncommon and rarely happens during IDL.</p>
Can an employee receive State Disability Insurance (SDI) benefits for an industrial injury?Can an employee receive State Disability Insurance (SDI) benefits for an industrial injury?<p>​Employees can apply for and receive SDI during the period of disability while their workers’ compensation claim is pending or denied. If the claim is approved at a later date, and IDL benefits are confirmed by State Fund, there may be over lapping IDL and SDI benefits, and a potential overpayment of SDI. The employee is responsible for resolving any SDI overpayment with the Employment Development Department.</p>
Can an employee take a bereavement leave while on IDL?Can an employee take a bereavement leave while on IDL?<p>​Yes. The employee is entitled to bereavement leave when on IDL. The agency should interrupt IDL and put the employee on bereavement leave (regular pay status) for the appropriate period of time and then resume IDL. The regular pay days/hours do not count toward the IDL limit.</p>
Can an employee attend jury duty while on IDL?Can an employee attend jury duty while on IDL?<p>​Yes, if the work restrictions placed on the employee do not conflict with jury service. The employee is bound by the same rules regarding jury duty as if they were working, and should provide substantiation of jury service. The agency should interrupt IDL for the period of time the employee is on jury duty and place them on regular pay status. Once jury duty is completed, the employee should be placed back on IDL. The regular pay days/hours do not count toward the IDL limit.</p>
Is an employee eligible for catastrophic leave while waiting for IDL to be approved or for supplementation of IDL?Is an employee eligible for catastrophic leave while waiting for IDL to be approved or for supplementation of IDL?<p>​Yes. An employee may be eligible for an agency’s catastrophic leave program if the nature of the illness or injury otherwise meets the criteria established by the agency for catastrophic leave. Please check the appropriate bargaining unit contract.</p>
If an employee is off work on IDL and is eligible for a Merit Salary Adjustment (MSA), should the supervisor approve the pay increase?If an employee is off work on IDL and is eligible for a Merit Salary Adjustment (MSA), should the supervisor approve the pay increase?<p>​Yes. You cannot deny a MSA because the employee filed a workers’ compensation claim.</p>
Can an employee who is on IDL change their marital status and dependents?Can an employee who is on IDL change their marital status and dependents?<p>​Adding or deleting family members can be done whenever appropriate. However, changes may not be made to exemptions for the purpose of tax withholding during the first 22 working days or 176 hours of approved IDL (which are paid at full net salary), because Government Code section 19871 requires that IDL payments be based on the net salary at the date of injury. Marital status and dependents may be changed after the first 22 working days or 176 hours of IDL have been paid.</p>

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