What Temporary Disability Is and Who Can explore
Temporary disability is a state or employer insurance program that replaces part of your wages while you cannot work due to illness or injury. It is not the same as Social Security Disability Insurance (SSDI). Temporary disability typically lasts a few weeks to a few months, whereas SSDI is for conditions expected to last at least 12 months or result in death.
Temporary disability is available only in certain states and through some employers. The states that run their own programs are California, Hawaii, New Jersey, New York, and Rhode Island. Some states allow private insurers to run the program instead. A few employers outside these states offer temporary disability through their own plans. If you live in a state without a program and your employer does not offer one, temporary disability is not available to you.
You can explore for temporary disability if you have a medical condition that prevents you from working, you have been unable to work for at least a few days (the exact waiting period varies by state), and you have been employed long enough to be covered by the program in your state or by your employer's plan.
Key Takeaways
- Temporary disability is run by your state (California, Hawaii, New Jersey, New York, or Rhode Island) or your employer, not by the federal government.
- You must file a claim with your state's program or your employer's insurer within a set window—usually 30 days from the date you stop working—or you may lose benefits.
- Your doctor must complete a medical certification form stating you cannot work and the expected duration of your condition.
- Most states pay a percentage of your average weekly wage, typically 50 to 67 percent, with a maximum weekly amount that varies by state.
- Approval usually takes one to three weeks after you submit all required documents, though some states process claims faster.
Determine Which Program Covers You
Before you file, confirm whether you are covered by a state program or an employer plan. If you work in California, Hawaii, New Jersey, New York, or Rhode Island, you are likely covered by your state's temporary disability insurance. Check your most recent pay stub—it should show a deduction for temporary disability or state disability insurance (SDI).
If you do not see a deduction, contact your employer's human resources or payroll department and ask whether temporary disability is deducted from your pay or paid entirely by the employer. Some employers pay the full premium without deducting it from your wages. If your employer offers a private temporary disability plan, they will have a policy document that explains the coverage and how to file.
If you work outside these five states and your employer does not mention a temporary disability plan, you do not have access to temporary disability benefits. In that case, you may want to explore other options, such as unpaid leave under the Family and Medical Leave Act (FMLA) if you work for a covered employer, or long-term disability if your employer offers it.
Gather Required Documents Before Filing
You will need several documents to file a claim. Start by collecting your recent pay stubs (usually the last two to four weeks) to establish your average weekly wage. Have your Social Security number, date of birth, and employer information ready. You will also need the name and address of your employer and, if applicable, your employer's workers' compensation insurance carrier information.
The most important document is a medical certification form completed by your doctor. Your state program or employer's insurer will provide this form—do not use a form from another source, as it may not be accepted. The form asks your doctor to confirm that you cannot work, describe your condition (without necessarily naming the diagnosis), and estimate when you will be able to return to work. Your doctor must sign and date the form.
If you are filing a claim based on a work-related injury, gather any workers' compensation paperwork or incident reports. If you are filing based on a non-work injury or illness, have documentation of when the condition began and when you stopped working.
File Your Claim Within the Required Timeframe
Each state and employer plan has a important date for filing. Most states require you to file within 30 days of the date you stop working, though some allow up to 60 days. Filing late may result in a denial or a reduction in the number of weeks you receive benefits. Do not wait to file until you have all documents—file as soon as you know you will miss work, then submit the medical certification form as soon your doctor completes it.
To file, contact your state's temporary disability program office or your employer's benefits administrator. Most states allow you to file online through their website, by mail, or by phone. California's program (State Disability Insurance, or SDI) accepts claims through its website or by mail. New York's program (Temporary Disability Insurance, or TDI) also accepts online and mail filings. New Jersey, Hawaii, and Rhode Island each have their own filing portals and phone lines.
When you file, provide your name, Social Security number, date of birth, employer name and address, the date you stopped working, and the reason you cannot work (in general terms—you do not need to provide a detailed diagnosis). If you are filing by mail, keep a copy of everything you send and consider using certified mail so you have proof of delivery.
Submit Medical Certification and Wage Information
After you file your initial claim, the program will send you a medical certification form and may ask for additional wage documentation. Your doctor must complete the medical certification form within a specific timeframe—usually 10 to 14 days. If your doctor misses this important date, your claim may be delayed or denied.
Give your doctor the form in person or by mail, and ask them to return it directly to the program office. Some programs allow your doctor to submit the form electronically. Follow up with your doctor's office a few days before the important date to make sure the form is completed and submitted on time.
You may also need to provide wage information if the program does not have access to your employer's records. This usually means submitting recent pay stubs or a wage statement from your employer. If you are self-employed or have multiple jobs, you may need to provide tax returns or other proof of income.
What Happens After You File
Once you submit your claim and medical certification, the program will review everything and make a decision. This usually takes one to three weeks, though some states process claims faster. You will receive a notice in the mail stating whether your claim was approved, denied, or approved with conditions.
If your claim is approved, the notice will state the weekly benefit amount, the number of weeks you will receive benefits, and when payments will begin. Most states have a waiting period of three to seven days before the first payment is issued. Payments are usually made by check or direct deposit, depending on what you choose when you file.
If your claim is denied, the notice will explain the reason. Common reasons for denial include filing too late, not meeting the waiting period requirement, or the medical certification showing you are able to work. If you disagree with the denial, you have the right to appeal. The notice will include instructions for filing an appeal and the important date for doing so.
While you are receiving temporary disability, you may be required to provide updates to the program, such as a new medical certification if your condition lasts longer than expected. Some programs ask you to report weekly or monthly on your work status. Follow all reporting requirements to avoid losing benefits.
Understanding Payment Amounts and Duration
Temporary disability replaces a percentage of your average weekly wage. The percentage and maximum weekly amount vary by state. California pays 60 to 70 percent of your average weekly wage, up to a maximum that changes each year (in 2024, the maximum is around $1,540 per week, but this amount changes annually). New York pays 50 percent of your average weekly wage, up to a state maximum. New Jersey, Hawaii, and Rhode Island each have their own formulas and maximums.
The duration of benefits depends on your condition and your state's rules. Most temporary disability programs pay for up to 26 weeks, though some states allow extensions if your condition lasts longer. Your doctor's estimate of when you will return to work, provided on the medical certification form, influences how long you receive payments.
If you return to work before your benefits end, notify the program when ready. Continuing to receive payments after you have returned to work is considered fraud and can result in repayment demands and legal consequences.
Frequently Asked Questions
Can I explore for temporary disability if I was just laid off or fired?
No. Temporary disability requires that you are unable to work due to a medical condition, not that you are unemployed. If you were laid off or fired and then became ill, you can explore for temporary disability based on the illness, but the program will not cover the period before you became ill. You may be able to file for unemployment insurance instead.
What if my doctor says I can do light duty work but not my regular job?
Some programs allow partial disability benefits if you can work part-time or in a reduced capacity. The medical certification form asks your doctor whether you can perform any work. If your doctor indicates you can do light duty, the program may approve partial benefits based on the difference between your regular wage and what you earn doing lighter work. Ask the program whether partial disability is available in your state.
Do I have to tell my employer I am filing for temporary disability?
You do not have to tell your employer, but it is often a good idea. Your employer may need to provide wage information to the program, and they will eventually learn you are not working. Informing them early can prevent confusion and may support they submit required paperwork on time. However, your employer cannot retaliate against you for filing a claim.
What if I am still unable to work when my temporary disability benefits run out?
If your condition lasts longer than your temporary disability benefits, you may be able to request an extension if your doctor certifies you still cannot work. If an extension is not available or is denied, you may want to explore other options, such as long-term disability through your employer or Social Security Disability Insurance (SSDI), though SSDI has a much longer approval process and stricter requirements.
Can I receive temporary disability and unemployment at the same time?
No. You cannot receive both programs simultaneously because unemployment requires that you are able and available to work, while temporary disability requires that you cannot work. If you are unsure which program you may have access to for, contact your state's labor department or temporary disability program office to discuss your situation.