California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 2 - Disability Benefits › Article 1 - Eligibility › Section 2627(b)-1 - Waiting Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Scope. This section deals with the conditions under which the waiting period
						  required by subdivision (b) of Section
						  2627 of the code is
						  served.
(b) General. A claimant
						  must be unemployed and disabled for a waiting period of seven consecutive days
						  during each disability benefit period. Disability benefits are not payable
						  during the waiting period.
(c)
						  Serving the Waiting Period.
(1) Generally the
						  waiting period will be served by the first seven days of the disability benefit
						  period even if the claimant is ineligible to receive disability benefits for
						  the same period, provided the claimant is unemployed and disabled during such
						  period. The following examples outline conditions under which a claimant may be
						  ineligible to receive disability benefits but may serve the waiting period:
(A) During receipt of other benefits under a
						  workers' compensation law or any employer's liability law as defined in Section
						  2629 of the code.
(B) During receipt of wages or regular wages
						  from an employer as defined in Section
						  2656 of the code.
EXAMPLE 1. A receives eight weeks of workers'
							 compensation temporary total disability through June 30 for an industrially
							 caused injury to his foot. On June 15, before recovering, A injures an elbow at
							 home and files a first claim for disability benefits for the elbow
							 injury.
A is disqualified from receiving disability benefits
							 for the period June 22 through June 30 under Section
							 2629 of the code based on receipt
							 of temporary workers' compensation benefits in excess of A's disability benefit
							 amount. A serves the waiting period during the period June 15 through June 21
							 while he is in receipt of temporary workers' compensation. A is eligible for
							 disability benefits beginning July 1.
EXAMPLE 2. B files a first claim for disability
							 benefits because of injuries suffered in an automobile accident on June 15 with
							 a prognosis of 8 weeks. B receives two weeks of full pay as sick leave from her
							 employer under the terms of a union contract.
B serves the waiting period from June 15 through June
							 21 while she is in receipt of regular wages. B is disqualified from receiving
							 disability benefits for the period June 22 through June 28 under Section
							 2656 of the code due to the
							 receipt of regular wages equal to her weekly wage immediately prior to the
							 commencement of her disability. B is eligible for disability benefits beginning
							 June 29.
EXAMPLE 3. C's employment is terminated on June 14
							 due to his frequent absences from work because of a drinking problem. On June
							 15, C files a first claim for disability benefits for chronic alcoholism. C is
							 not under the care and treatment of a doctor but on June 22 enters an alcohol
							 recovery home at the recommendation of a physician.
C is disqualified from receiving disability benefits
							 for the period June 15 through June 21 because he is not disabled pursuant to
							 subdivision (b)(3) of Section
							 2626 of the code. C will serve the
							 waiting period beginning June 22 through June 28 because he is unemployed and
							 disabled during this period. C is eligible for disability benefits beginning
							 June 29 in accordance with Section
							 2626.1 of the
							 code.