BASIC ELIGIBILITY SDI benefits can be paid only after you meet all of the following requirements:
We may require an independent medical examination to determine your initial or continuing eligibility. top of page INELIGIBILITY You may apply for benefits even if you are not sure you are eligible. If you are found to be ineligible for all or part of a period claimed, you will be notified of the ineligible period and the reason. You may not be eligible for SDI benefits if you:
top of page FRAUD Under sections 2101, 2116, and 2122 of the California Unemployment Insurance Code, it is a violation to willfully make a false statement or knowingly conceal a material fact (receiving your vacation pay without disclosing it) in order to obtain the payment of any benefits, such violation being punishable by imprisonment and/or by a fine not exceeding $20,000 or both. To detect and discourage fraud, SDI continually monitors claim payments, vigorously investigates suspicious activity, (your bosses phone call?) and will seek restitution and conviction through prosecution. top of page YOUR RESPONSIBILITIES
Hope I Helped :)
Since you are on worker's compensation everything must go through the insurance carrier. If you are entitled to the vacation pay, then there shouldn't be a problem in receiving the monies - but, I cannot tell you how soon you can expect to receive same. These monies should be separate from your work comp claim.
If you do not hear back from your employer, then you may wish to contact the insurance company, unless you are represented by an attorney and, if so, you should contact your attorney to have him/her handle this situation for you. If you are not represented by counsel, you may wish to consider same in order to protect your rights.
I hope this helped. If you wish for further information, please let me know.
Peace, Love & Happiness,
The Mystic Wave
Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada, only. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.
I misunderstood you in your original post. Is it job related? There is a big difference when you're collecting workman's comp. It may be legal because the employer has the authority to set the terms and conditions of employment and one of those conditions may be to inform the insurance company whenever an employee is compensated during his or her time out on workman's comp. The Mystic wave is right. California law is very complex regarding disability insurance isues and the first thing I would do is contact the insurance company and see what they say. You can always get legal advice and appeal if they say you will be penalized if you get the vacation pay. California law allows the attorney's fees to be paid by someone other than yourself depending on the situation. Hire an attorney if you get a negative response from workmans comp. If they say it's ok because those are dollars that were previously earned then your boss would have no choice but to pay you. He couldn't hold it over your head in other words. You think it's punitive on his part? California law does not allow punitive action on the part of the employer. You could sue him. You have more rights than he does so he better cool his heels if he's playing a game because he's angry with you.
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