Non-Industrial Disability Insurance
Program
The Nonindustrial Disability (NDI) Program is a wage continuation program administered by the Employment Development Department (EDD) for eligible employees that have suffered loss of wages due to a disability or injury that is not-work related.
The NDI program defines “disability” as: “mental or physical illness and mental or physical injury, including any illness or injury resulting from pregnancy, childbirth or related medical condition”. An employee is deemed disabled on any day in which, because of physical, mental or medical condition, he/she is unable to perform his/her regular or customary work. An attending physician must verify the disability.Eligibility
Full time, permanent or probationary employees, who are members of the California Public Employees' Retirement System (CalPERS) or State Teachers' Retirement System (STRS) and who are in compensated employment, are eligible to apply for non-industrial disability (NDI) benefits when disabled from work due to illness or physical injury which is not work related. Part time employees who are members of CalPERS or STRS may be eligible if they are appointed half time or more for one year of service or one academic year or more.
The employee must have a disability which has been verified and accepted by the Employment Development Department and submits to a medical examination if requested by EDD.
Benefits
Eligible employees may receive benefit payments up to 26 weeks (182 calendar days) for any one disability period, in an amount equal to one-half full pay, not to exceed the specified weekly amount based on the employee category. NDI benefits may not exceed six (6) months for any one incident.
Benefits vary according to compensation level and/or collective bargaining unit. See chart.
NDI Weekly Benefit Amounts Per Employee Category
Employee Unit |
Employee Category |
Weekly NDI Benefit |
|---|---|---|
| Unit 3 | Faculty | $125 |
| Unit 4 | Academic Support | $125 |
| Unit 6 | Skilled Crafts | $125 |
| Unit 8 | Public Safety | $125 |
| E99 | Excluded | $125 |
| Unit 1 | Physicians | $135 |
| Unit 2 | Health Care Support | $250 |
| Unit 5 | Operations Support | $250 |
| Unit 7 | Clerical/Administrative Support | $250 |
| Unit 9 | Technical and Support Services | $250 |
| C99 | Confidential | $250 |
| M80 | Management Personnel Plan (MPP) | $250 |
| M98 | Executive Management | $250 |
Filing a Claim
A claim form, #DE 8501, must be obtained from Payroll Services and submitted to the Employment Development Department via the employee's attending physician.
- Payroll Services completes the upper half of the claim statement (Part A).
- The employee completes the lower half of the claim statement (Part B) and submits it to the attending physician who completed Part C. All sick leave must be exhausted prior to commencement of NDI benefits. Should employees also wish to exhaust accrued vacation, authorization must be received from the supervisor/director. (See collective bargaining agreement for specific information regarding use of vacation).
- The attending physician completes the "Doctor's Certificate" on the reverse side of the form.
- The physician submits the form directly to the Employment Development Department for determination of benefits.
Payment Process
The Employment Development Department determines the period of eligibility and authorizes claims. Once Payroll Services receives authorization, the request for payment is made to the State Controller's Office. Payment is then prepared on a monthly basis through the Payroll Office and distributed by the individual department.
Employees may request that the Payroll Office send the payment directly to their home address.
Waiting Period
The waiting period varies according to employment status and/or collective bargaining unit. Generally the waiting period is seven calendar days. The waiting period or any unserved portion may be waived if hospitalization is required.
Continuation of Employee Benefits
Voluntary deductions for employee benefits plans including health/dental/vision insurance, credit union, parking fees, etc. will be automatically deducted from the NDI benefit, if there are sufficient wages. However, employees may cancel voluntary deductions if desired. If benefit plans are continued, the employer contribution and employee contribution, if any, will also continue. The Internal Revenue Service has ruled that NDI benefits are taxable wages, and as a result, state and federal taxes and Social Security contributions will be withheld. Employees will not earn retirement service credit and retirement contributions will not be deducted from NDI benefits. NDI payments are not affected by other disability or wage loss insurance.
Appeal Rights
Employees may appeal NDI determinations in writing and obtain a hearing before an administrative law judge by informing the NDI office or any EDD office.
Disability Determination Summary
All full-time employees are eligible for sick leave at the rate of eight (8) hours per month. Part-time employees accrue sick leave on a prorated basis. Employees may be required to provide a physician's statement for absence charged to sick leave.
- Once sick leave is exhausted, employees may be eligible to receive NDI benefits for a maximum duration of six (6) months.
- Once NDI benefits are exhausted, employees who are disabled may be eligible for a leave a absence without pay. Employees may also apply for disability retirement benefits if accumulated service credit equals five (5) years or more.
- During and after receipt of NDI benefits, employees may receive benefits from other voluntary disability plans if enrolled prior to the onset of disability.
- Employees shall provide their supervisor written authorization from their personal physician for return to work.
- Should an employee wish to return to work, but the condition of the disability prevents this return to his/her previous classification, an evaluation of reasonable accommodation will be implemented.
Reasonable Accommodation
All disabled employees will be given consideration for any reasonable accommodation request. Under the provisions of this summary, supervisors and managers will make every effort including the provision of reasonable accommodation, to enable disabled employees to return to work. Determinations of reasonable accommodation will be made on a case-by-case basis in accordance with a task analysis.