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I am employed by Lake County Superior Court. I recently reunited

 
Stephen G's Avatar
  • Answered by:Stephen G
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Customer Question

I am employed by Lake County Superior Court. I recently reunited with my ex-husband and am taking care of him, he is on ssi, disabled, & legally blind. I need to take time off work to take him to doctor's appointments. My work is saying I cannot use sick time for these appointments because he is not my husband, domestic partner, or family member. I have looked into domestic partner and we do not qualify. We are unable to marry at this time due to his medical needs and finances. I have found that according to the IRS I qualify to claim him as a "dependant relative". I would like to take sick time as opposed to vacation time for these appointments. Since his status with the IRS is "dependant relative" should this entitle me to be able to use sick time instead of vacation time?

 

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State/Country relating to question: California

Submitted: 289 days and 17 hours ago.
Category: Tax
Value: $16
Status: CLOSED

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Expert:  Stephen G replied 289 days and 17 hours ago.


Stephen E. Grizey :

Hi & thanks for using our service. I'll do my best to give you a complete & accurate answer. Please ask me to clarify anything you don't understand.

Stephen E. Grizey :

Unfortunately No. What the IRS or even the Franchise Tax Board may allow or not allow doesn't have any bearing on the Rules for employee benefits for Lake County Superior Court.

Stephen E. Grizey :

Isn't it possible that you could qualify as domestic partners sometime in the near future which would then qualify him to be carried under your health insurance plan?

Stephen E. Grizey :

Is your ex-husband on SSI or SSDI?

JACUSTOMER-h2sxk362- :

No, to qualify he would need to be 62 and he is only 57. Thank you for your answer. I'm embarrassed to say I'm not sure about ssi or ssdi. He was in a bad motorcycle accident 3 years ago and spent 2 of them in a hospital. He gets medicare and medi-cal.

Stephen E. Grizey :

Well if he has qualified for Medicare, then he is getting SSDI; he should be getting just about exactly what he would receive if he reached full retirement age which in his case would be either 66 or 67.

Stephen E. Grizey :

SSI is a minimal benefit which is substantially less than ssdi

Stephen E. Grizey :

I'm sorry to hear of your troubles; it is never easy when medical problems take away what was once "normal".

JACUSTOMER-h2sxk362- :

Thank you again

Stephen E. Grizey :

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Expert TypeSr Income Tax Expert
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