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Common questions

"Do I have to burn my sick time?"

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The short answer

Temporary disability is your employer's statutory obligation, not something you are supposed to fund out of your own accrued leave.

Using your own sick leave or vacation to supplement temporary disability is generally your choice — and the choice matters, because that leave is yours and it does not come back.

How the two interact

Temporary disability replaces two-thirds of your average weekly wage, subject — for a 2026 date of injury — to a maximum of $1,764.11 and a minimum of $264.61 per week. The figures attach to your date of injury, except that under § 4661.5 a temporary total disability payment made two years or more after the injury is recomputed at the rates in effect when it is paid. It is not taxed.

Some employers offer "integration" — topping the TD payment up to your full wage using your accrued sick leave or vacation, drawn down proportionally rather than a full day for a full day.

Whether to do that is a real decision, not a formality:

In favor: full income now, when it matters most.

Against: accrued leave is money you already earned, and once spent it is gone. If your absence turns out to be long, you may want it later — for a surgery, a recovery period, or the gap after temporary disability ends at 104 weeks.

Ask for the integration arrangement in writing before agreeing to it, including exactly how much leave is drawn per pay period and what happens if the claim is later accepted or denied.

Public employees are different

School employees: Education Code § 44984 (certificated) and § 45192 (classified) each provide at least 60 days of industrial accident leave, coordinated with temporary disability so the combined amount equals full salaryand it is a separate bank from your sick leave.

Only after that is exhausted may accumulated sick leave be used, limited so the combination with the workers' compensation payment provides a full day's wage. Ask for it by name. More.

Listed public safety classifications: Labor Code § 4850 provides a full year of full salary in lieu of temporary disability. More.

And many public employees are covered by an MOU that provides salary continuation beyond the statutory floor. Check it.

If your claim is denied or delayed

Two things to know.

§ 5402(c) requires the employer to authorize up to $10,000 in medical treatment within one working day of your claim form — and the duty runs until liability is accepted or rejected. More.

And EDD State Disability Insurance may be available as a bridge — but EDD is entitled to reimbursement out of any later workers' compensation recovery for the same period under § 4903(f). It is not free money. What comes out of your settlement.

Talk to a lawyer

Free consultation. No fee unless we recover. You are not responsible for costs we advance if there is no recovery.

(213) 380-931024/7 intake (213) 463-6469

General information about California law, not legal advice about your case.

Law Offices of Solov & Teitell, APC · (213) 380-9310 · 24/7 (213) 463-6469

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