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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7331
Experience:  Significant experience in all areas of employment law.
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I recently went out on short term disability in CA (4/1/13).

Resolved Question:

I recently went out on short term disability in CA (4/1/13). I was informed I am scheduled for layoff on 5/8. I understand that I can be laid off if it the company can prove it is unrelated to the disability (which it is). My question is what impact the lay off will have on my company disability policy payments. Is there any way for me to determine it?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to answer your question.

Are you talking about a private disability insurance policy, or are you talking about State Disiability Insurance (SDI) administered through the EDD?

I very much look forward to assisting you regarding this matter.
Customer: replied 1 year ago.

I am talking about both a private disability policy paid for by my company and state disability, but I am most interested in the private disability policy as it replaces my salary.


 

Expert:  Patrick, Esq. replied 1 year ago.
Karen,

Thank you very much for your reply.

State disability insurance continues regardless of whether you remain employed. In fact, SDI does not even require that you become disabled while you are employed--disability can occur after you are fired, and if you have paid into SDI during the relevant base period, you may still even be able to collect.

With regard to employer-paid, private disability insurance policies, the answer to your question depends solely on the terms of the policy itself, not by law. That said, in my experience dealing with private disability policies, I have never seen one that stopped benefits when employment ended.

So, while nothing can be said for certain without looking at the actual terms of the policy, odds are overwhelming that payments will continue after you are let go.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Very best wishes to you.
Patrick, Esq., Lawyer
Satisfied Customers: 7331
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you

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