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Frequently Asked Questions

 

 

If an injured employee demotes during the disability period, does his or her weekly TD rate get adjusted to reflect the new salary?If an injured employee demotes during the disability period, does his or her weekly TD rate get adjusted to reflect the new salary?<p>​No because California Labor Code Section 4453 requires benefits to be paid at the same rate throughout the duration of the injured employee’s temporary disability period. <br> <br>The only exception is for true seasonal workers who are entitled to a “two-tier” TD rate. One TD rate based on the injured employee’s in season earning capacity and a second rate based on his or her off-season earning capacity.<br> <br>If an injured employee is eligible to receive TD payments two or more years after the date of disability, the weekly TD rates shall be recalculated to the rates that are in effect two years after the date of disability using the injured employee’s date of injury salary.</p>
Is an injured employee who is suspended or terminated because of an adverse action entitled to TD during the suspension or after termination?Is an injured employee who is suspended or terminated because of an adverse action entitled to TD during the suspension or after termination?<p>​Yes. An injured employee who is suspended while on TD should continue to receive TD without supplementation during the period of the suspension as long as the employee is still temporarily disabled. </p>
How is an injured employee on TD to be treated if they are subject to layoff based on seniority?How is an injured employee on TD to be treated if they are subject to layoff based on seniority?<p>​An injured employee on TD is subject to the same procedures as any other employee during a layoff. An injured employee on TD should be noticed at the same time as other employees and advised of his or her employment options. <br><br>TD/S continues up until the actual date of layoff, after which the injured employee is only entitled to TD without supplementation.</p>

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