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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35309
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Can I collect disability payments while on maternity leave?

Customer Question

Can I collect disability payments while on maternity leave? I work for a small company (just me and the owner) so for ease of payroll taxes, etc. I am paid an annual salary of $84,000 and they give me a monthly draw of $7000 on this salary. However their payroll taxes, etc. are not paid until the end of the year on the annual amount when they meet with their accountant. For three months (June-August) I will not get the monthly draw and at the end of the year my salary will be reduced by $21,000 (three months at $7000 that I won't receive while on maternity leave). Based on this annual salary set up versus paid monthly or weekly, can I still tap into my disability payments for these three months that I should be entitled to?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are you an employee who receives a W-2 each year?

2. Are you referring to CA state short term disability benefits or private disability that you might have?

Doug
Customer: replied 1 year ago.

Yes - I receive a W2 each year.

I am speaking of California short term disability that I have paid into all of these years. Now that I am pregnant I want to take advantage of what I can get out of it while not working.

The only thing that is different from me than the average employee is I am actually paid an annual salary and payroll taxes, disability payments, etc. are taken at that time, versus on a paycheck every two weeks, or on a more regular schedule.

Expert:  LawTalk replied 1 year ago.

Hi Michelle,

Thanks for the clarification.

Yes, of course, so long as you are disabled by your physician both before and after the birth of your child---up to an entire 52 weeks you will be entitled to be paid state disability.

Whether you are paid annually or biweekly makes no difference. If you are a CA employee you are entitled to state disability benefits if your physician disables you for any reason.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

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