State Disability Insurance for Government Employees

December 23, 2023

By Steve Fields
Principal Attorney

State Disability Insurance (SDI) is an excellent alternative for individuals who do not qualify for other Social Security Administration (SSA) programs, such as Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). But can government employees get SDI benefits?

Yes, they can. As long as they fulfill the requirements of the SDI program and have paid into the program through their payroll taxes, government employees can be eligible for State Disability Insurance programs.

Continue reading below to learn more about how government employees can qualify for SDI.

Can Government Employees Get SDI?

Any person who works for the U.S. government, a local city or county, or any other public employer, such as a school district or transportation agency, is considered a government or “public sector” employee. 

SDI programs are state-administered disability insurance programs offered to the residents of their respective states, including government employees. 

Residents can enroll in the program either individually or through their employer. Similar to federal disability programs like SSDI and SSI, State Disability Insurance helps workers by providing them with financial assistance if they become disabled and unable to work. 

State Disability Insurance is funded by a worker’s payroll taxes. Therefore,  a government employee will be eligible if they paid enough into the program. However, the exact qualification criteria for SDI varies from one state to the next. Some general eligibility criteria include:

  • Disabling conditions that last for a considerable time period prevent people from working (e.g., pneumonia, etc.)
  • Recovery following a major but necessary surgical procedure
  • Childbirth
  • Disabling accidents, such as those involving motorbikes

If a government employee fits the above criteria for a disabling condition, then they qualify for SDI benefits. It’s important to note that SDI does not cover disabilities that are the result of an injury that occurred while on the job; instead, workers’ compensation can cover those. 

It’s also quite common to use a “base year” when determining whether a worker is eligible for benefits. In most cases, a base year is comprised of the first four of the most recent five consecutive calendar quarters that occurred prior to the onset of the impairment.

Which States Offer SDI Benefits?

Unfortunately, not all states offer State Disability insurance programs to their residents. The following are the only five states that have passed laws mandating state disability coverage:

  • California
  • Hawaii
  • New Jersey
  • New York
  • Rhode Island

The rules and regulations of SDI vary from one state to the next. But in general, these states mandate employers to provide disability insurance to their employees either through employer-funded programs or private disability insurance.

California

In California, you can get state disability insurance through the Employment Development Department. In order to be considered disabled, the claimant’s physician must certify that they are unable to carry out the essential functions of their current job position. 

The individual is required to have earned $300 or more in the twelve months preceding their most recent full calendar quarter in order to be eligible for these benefits. 

The standard formula for determining payments is 60% to 70% of the employee’s average wage for the base period quarter in which their earnings were highest. There is also a weekly maximum limit to the benefit amount which changes annually. 

New York

In New York, State Disability Insurance is managed by the New York State Workers’ Compensation Board. Generally, these benefits are offered to workers who had been employed or had recently been employed for at least four consecutive weeks prior to the onset of their condition. However, this program does not cover any injuries that occurred on the job since they are covered by workers’ compensation.

The benefit amount is usually equal to half of the average income of the worker over the past eight weeks. And, like California, there is a weekly maximum limit that applies to this benefit amount. Employees are paid every two weeks, but these benefits won’t start until they’ve missed eight days of work.

New Jersey

The SDI program in New Jersey is also referred to as temporary disability benefits. In order to be eligible for these benefits, an employee needs to have worked for 20 calendar weeks and earned $240 per week, or $12,000 in total, within the base year. In other words, it’s the four quarters that come before the last full quarter when the person filed for benefits. 

They must be undergoing medical treatment for a non-work-related illness or negligence for their disability to be deemed qualifying. An insurance claims examiner typically determines the employee’s weekly benefit rate by dividing their base year income by the total number of base weeks worked and then subtracting 85 percent of that figure. 

For purposes of this policy, any week in which an employee makes more than $240 is considered a base week. This policy also has a weekly maximum subject to annual adjustments. 

Rhode Island

Similar to New Jersey, Rhode Island also refers to its SDI program as temporary disability benefits. In Rhode Island, this initiative is administered by the Department of Labor and Training. 

In order to be eligible for benefits, an employee must be unable to perform their regular job duties and must have earned a minimum of $14,700 in the four most recent calendar quarters prior to the claim start date. Even if an employee doesn’t qualify based on their salary, they could qualify if their earnings in the four calendar quarters before the claim start date were enough. 

These payments are payable after the first seven days of disability, but the employee must have been out of work for at least seven days prior to receiving them.

Hawaii

The SDI program in Hawaii is overseen by the Hawaii Disability Compensation Division. In Hawaii, an individual may be eligible for SDI if they worked for at least 20 hours in 14 weeks (not all of which must be consecutive) and made $400 in the 52 weeks preceding the start of their disability. 

Conclusion

To sum it up, government employees can obtain state disability insurance, provided they meet the requirements of the program specified by the state they live in. If you want to learn more about which benefits you may be qualified for, consult with a disability attorney or an advocate.

Author

Steve Fields is the founder and managing attorney at Fields Law Firm. Since founding the firm in 2001 he quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares.

Together with his experienced team of legal professionals, Steve ensures clients win their case, maximize their recovery while also looking out for their long-term interests, all backed with the firm’s Win-Win Guarantee®.

Fields Law currently handles cases for Personal Injury, Workers’ Compensation, Long Term Disability, Social Security Disability and Consumer Rights and has grown to be one of the largest injury and disability law firms in the nation.

Leave a Reply

Your email address will not be published. Required fields are marked *