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Common questions

“Do I have to burn my sick time?”

Temporary disability is your employer’s obligation, not a benefit you fund out of your own accrued leave. Here is how the two actually interact.

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The short answer

Temporary disabilityTD / TTD / TPD Temporary Disability, Total or Partial. Wage replacement while recovering. Two-thirds of average weekly earnings; 2026 maximum $1,764.11/week. 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.

On this page

How the two interact

Temporary disability replaces two-thirds of your average weekly wage, subject — for a 2026 date of injuryDate of injury For a cumulative or occupational disease claim, the law sets it as when you first suffered disability and knew or should have known it was work-related — not when the wear began. Almost every deadline runs off this. — 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 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 generally not taxed — but if you also receive Social Security disability, the part that reduces that benefit can be 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 leaveIndustrial accident leave At least 60 days at full salary for school employees., coordinated with temporary disability so the combined amount equals full salary — and 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: The law provides up to a 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.

The law 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. It is not free money. What comes out of your settlement.

Work, money, and other benefits

What arrives while you are off, and what happens to the job.

Common Questions

Sources

Labor Code § 4661.5§ 4850§ 5402(c)§ 4903(f)IRC § 104(a)(1)§ 86(d)(3)

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

Reviewed by Jamey Teitell, Partner & Trial Attorney · Last reviewed

Law Offices of Solov & Teitell, APC · (213) 380-9310

Printed from https://www.solovteitell.com/answers/do-i-have-to-use-my-sick-time/ · Last reviewed

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