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CA - Small Employer not currently providing SDI California

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  • CA - Small Employer not currently providing SDI California

    I work for a small company (6 employees) in Northern California and I am recently pregnant. I have been looking into options that might recompense some of my pay (as I am the breadwinner in my household) after the birth of my child. After speaking with SDI today, I learned that only employers with more than 50 employees are required to deduct SDI from your paycheck.

    Do I have any other options to try and recieve $ during my leave?

  • #2
    Who told you that? EDD? Here is the Employer Tax Guide for CA. Although there are some exceptions for type of employees, I couldn't find anything that limited the requirement to deduct SDI from employees because the employer had under 50 employees. There is a table starting on numbered page 16 (actual page 22 of the document itself) that you might look at and see if your type of employment is listed as "not subject".
    http://www.edd.ca.gov/pdf_pub_ctr/de44.pdf
    Last edited by Pattymd; 07-29-2008, 04:56 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by Pattymd View Post
      Who told you that? EDD?
      Let's hope not. There is no 50 or more employee requirement.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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      • #4
        Recieved this info from SDI office

        I called the number for State Disability Insurance on the State of California website and spoke with a representive that told me companies with less than 50 employees in the State of California were not required to deduct SDI from my check and that if I did not see it as a line item deduction on my pay stub that I was not paying in and therefore could not recieve any benefits. I also inquired as to if I could start making payments directly to the SDI as the maximum annual deductions cap at $657. The rep said that was only acceptable if I was self employed.

        Also as a side note, I recently started this new job (3 months ago). Prior to that I had been working for a larger CA company for about 11 months that was deducting SDI from my check - the rep said this had no bearing on my eligibility.

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        • #5
          You need to call back and speak with someone else at EDD. SDI pays based on the highest wages reported in the one of the last 4 quarters. So, even if you are not paying into SDI now, you were in the past and they can use those wages to pay disability benefits.

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          • #6
            Agree. Ask to speak with a supervisor. And ask them for a reference you can check. You can reference, for example, the Employer Tax Guide I linked you to. I'm not buying it the "under 50 employees" story.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Thank you!!!!!

              I called back per your advice and spoke to a rep (who was much more through than the women I spoke to yesterday). He looked up my records by my SS# and said that since I was going to be out of work in March, SDI would be looking at the period Oct-Dec '07, during which I paid into SDI, therefore I was eligible for benefits!

              I really appreciate your responding to my question quickly and with great expertise!

              Comment

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