ShelbyShank
10-10-2006, 11:58 AM
I'm am currently 19 weeks pregnant. My due date is March 13th. I am the only employee at my company, and my boss is replacing me as of January 15th because I am pregnant.
From what I undertand, SDI will cover up to 4 weeks before I give birth if my doctor warrants it, and 6 weeks after. However, in the FAQs on the State web site, this is the information provided regarding eligibility for these benefits:
Question: I quit my job (or was laid-off) and now I'm disabled. Am I eligible for SDI?
Answer: It depends on your situation. To qualify for SDI benefits, you must be actively connected to the labor market, either working or looking for work at the time your disability begins. We encourage you to file a claim for benefits, even if you're unsure of your labor market status.
There is a possibility that I will still be doing independent contractor work for my employer at the time that I am eligible for disability. Or, should I just ask my employer to keep me on the payroll for a few extra weeks without actually paying me so that I can show I am still 'employed' with the company? She would probably work with me on this. Or am I eligible without this?
BTW - I have posted here before and was advised that I may have a claim to file privately, even if the State/Federal laws do not protect employees of companies with less than 5 employees. I had a consultation with a lawyer yesterday, and he advised that I had very little leverage legally, and that it would not be worth it for me to file. Thanks for the advice, though. I'm sitting tight and hoping that my employer will be able to keep me on longer than she thinks she'll be able to, or that my husband will have made so much money over the Holidays that we'll be OK without the extra $6k of income.
From what I undertand, SDI will cover up to 4 weeks before I give birth if my doctor warrants it, and 6 weeks after. However, in the FAQs on the State web site, this is the information provided regarding eligibility for these benefits:
Question: I quit my job (or was laid-off) and now I'm disabled. Am I eligible for SDI?
Answer: It depends on your situation. To qualify for SDI benefits, you must be actively connected to the labor market, either working or looking for work at the time your disability begins. We encourage you to file a claim for benefits, even if you're unsure of your labor market status.
There is a possibility that I will still be doing independent contractor work for my employer at the time that I am eligible for disability. Or, should I just ask my employer to keep me on the payroll for a few extra weeks without actually paying me so that I can show I am still 'employed' with the company? She would probably work with me on this. Or am I eligible without this?
BTW - I have posted here before and was advised that I may have a claim to file privately, even if the State/Federal laws do not protect employees of companies with less than 5 employees. I had a consultation with a lawyer yesterday, and he advised that I had very little leverage legally, and that it would not be worth it for me to file. Thanks for the advice, though. I'm sitting tight and hoping that my employer will be able to keep me on longer than she thinks she'll be able to, or that my husband will have made so much money over the Holidays that we'll be OK without the extra $6k of income.
