FA R M L A B O R I N F O R M AT I O N B U L L E T I N
Voice of the Fields California
February 2, 2011
FREE
Volume 21, Number 1
Do you qualify for Disability Insurance?
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orking in the agricultural industry is not only essential to the welfare of our State, but also to those providing for their families. Therefore, being out of work due to a non work-related injury, illness or pregnancy could be detrimental. However it doesn’t have to be that way. Did you know that Disability Insurance (DI) could help pay part of your lost wages? Nearly 13 million California workers pay into the State Disability Insurance (SDI) program for disability insurance coverage. The California Unemployment Insurance Code (Section 2626) defines a disability as any mental or physical injury that prevents you from performing your regular work duties. Disabled workers are paid anywhere between $50 and $927 (maximum benefit) on a weekly basis. The amount of your SDI weekly benefit is approximately 55 percent of your earnings and disabled workers may receive up to 52 weeks, or approximately one year, of payments. You cannot receive Disability Insurance benefits if you are currently receiving Unemployment Insurance benefits or Paid Family Leave benefits.
Requirements for Disability Insurance: DI benefits can be paid only after you meet all of the following requirements: n You must be unable to do your regular
or customary work for at least eight consecutive days. n You must be employed or actively looking for work at the time you become disabled. n You must have lost wages because of your disability or, if unemployed, have been actively looking for work. n You must have earned at least $300 from which SDI deductions were withheld during a previous period. n You must be under the care and treatment of a licensed doctor or accredited religious practitioner during the first eight days of your disability. (The beginning date of a claim can be adjusted to meet this requirement.) You must remain under care and treatment to continue receiving benefits. n You must complete and mail a claim form within 49 days of the date you became disabled or you may lose benefits.
n Your doctor must complete the
medical certification of your disability. A licensed midwife, nurse-midwife, or nurse practitioner may complete the medical certification for disabilities related to normal pregnancy or childbirth. (If you are under the care of a religious practitioner, request a “Practitioner’s Certificate,” DE 2502, from the SDI office. Certification by a religious practitioner is acceptable only if the practitioner has been accredited by Employment Development Department.)
n If a spouse, registered domestic
partner, parent, or child is providing care for the claimant, he/she may be eligible for Paid Family Leave benefits. How to file a claim: Disability Insurance services are available over the telephone, by mail or online. You can process a claim online by visiting www.edd.ca.gov/ Disability or you can call an SDI program representative at 1-800480-3287 or 1-866-658-8846 (En Español). An independent medical examination to determine your initial or continuing eligibility may be required.
Unemployment Insurance: What is it and how do you apply?
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s most agricultural jobs vary based on the season, many people go through periods of unemployment. Unemployment Insurance can help by providing insurance payments for workers who lose their job through no fault of their own. The Unemployment Insurance (UI) program is completely funded by employers who pay taxes on wages paid to employees and provides employees with a portion of their lost wages while they are unemployed. Unemployment Insurance is a program that was created 75 years ago under federal law and is administered by the state, creating a unique partnership. Making payments directly to unemployed workers, UI helps ease some of the economic hardships caused by unemployment and provides financial assistance to help pay for necessities like food, shelter and clothing. Benefits are paid based on the unemployed workers’ earnings during a base period of 12-months (made up of 4, 3-month quarters). The quarter in which the highest wages were earned determines the weekly benefit amount received.
What You Need before Applying for Benefits 1. Personal Information n Social Security number, name, mailing address, and telephone number. n Driver’s license or ID card number. n Alien registration number and expiration date, if a non-citizen. n DD Form 214 if you served in the military in the last 18 months. 2. Information About Latest Employer n The employer you worked for most recently, even if that was today or it was a temporary or part-time job. n Name of business as it appears on your pay check stub or W-2 form (this could be a payroll agency or staffing agency). n Complete mailing address, phone number, and supervisor’s name. n The reason for working reduced hours or no longer working. 3. Employment History n Name of ALL employers in the last 18 months, and start and end dates. n Wages earned and how often you were paid.
How to apply for Unemployment Insurance payments: You can file online at www.edd. ca.gov. There are also printable forms online that can be mailed or faxed. The Employment Development Department (EDD) also has operators that can help you over the phone at 1-866-333-4606 (English) or 1-866333-4606 (Spanish). If you are eligible, you will receive a Continued Claim form within 10 days of EDD processing your application. After returning the fully completed form, if all eligibility requirements are met, a check is issued with another Continued Claim form, which you submit every two weeks. If eligibility issues arise, a phone interview will be scheduled. The Employment and Development Department can also help you find a new job or career. For more information, please visit www. edd.ca.gov.
Ways Farm Workers Can Stay Healthy
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hose in the agricultural industry often work close together. As flu season is upon us, it is important to know how to keep yourself healthy and protected from some of the most contagious illnesses.
For more information on vaccinations and to find a clinic near you visit www.cdph.ca.gov or call 1-800-232-4636. http://vacunasymisalud.org Telefónica Nacional Gratuita con Información de Vacunación 1-800-232-4636.
Whooping cough
Influenza
Whooping cough, also known as pertussis, is a highly infectious illness that is spread from person to person by coughing or sneezing. Whooping cough usually starts with a mild cough, runny nose and a fever. While the symptoms are much like those of a common cold, after a couple of weeks whooping cough can cause severe coughing fits that can last weeks or even months. These coughing fits can be violent and may cause vomiting. Whooping cough is less severe in adults and teens, but is extremely dangerous to infants and can lead to hospitalization. Because early symptoms are similar to the common cold, whooping cough is not diagnosed until symptoms get worse. The best way to prevent whooping cough is to get vaccinated. The California Department of Public Health recommends that everyone get vaccinated against the illness—especially women of childbearing age, those that have close contact with infants, anyone 65 years or older, as well as infants and children not already vaccinated for whooping cough (pertussis).
Influenza, or the flu, is a highly contagious respiratory illness caused by the influenza virus. The illness is usually spread through coughing or sneezing and can cause mild to severe symptoms, even causing death. Symptoms include: Fever, cough, sore throat, headache, chills, muscle aches and fatigue or tiredness. While you can prevent the spread of the flu virus by washing your hands frequently and covering your mouth when you cough, the best way to prevent contracting the flu is through vaccination. Getting the flu vaccine now can also help prevent H1N1 influenza, a more severe strain of the flu virus. Also, if you are sick with the flu, or any other illness, it is best to stay home from work in order to not infect others. The flu season generally runs from November through May, but most cases occur in January and February. It is important to get vaccinated as soon as possible to prevent contracting and spreading the virus. Experts believe that everyone six months and older should get a flu vaccine each year starting this flu season (2010-2011). You can get a flu shot at many grocery stores and pharmacies throughout the state.
Overview of the H-2A Visa Program for Agricultural Employees
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he H-2A temporary agricultural Visa program is a federal program administered by the Department of Labor (DOL) Employment and Training Administration (ETA). The H-2A program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Employers anticipating a shortage of agricultural workers must apply with the Employment Development Department (EDD) at least 60-75 days before the date the job begins. The employer must recruit U.S. workers through EDD and newspaper advertising. Such recruitment must be at least equivalent to that conducted by non-H-2A agricultural
employers in the same or similar crops and area. The employer must agree to recruit and hire U.S. workers who are eligible, able, willing, and available to perform the work offered. Individuals interested in an H-2A job can go to their local (EDD) employment office and ask to speak to an EDD H-2A Specialist. The H-2A Specialist will provide all information about any local H-2A jobs as well as any H-2A jobs throughout the U.S. Individuals will be asked to register for work with EDD and present information about their work history and authorization to work in the U.S. Individuals may also access the EDD’s employment website at: www.caljobs. ca.gov to view all H-2A jobs in California and the DOL’s website at: http:// icert.doleta.gov to view all H-2A jobs throughout the U.S.
Voice of the Fields California Circulation: 40,000 copies
www.LaCooperativa.org Published monthly by: La Cooperativa Campesina de California 7801 Folsom Blvd, Suite 365, Sacramento, CA 95826 Phone 916.388.2220 • Fax 916.388.2426
Editor: Marco Lizarraga Produced with the support of the Employment Development Department Voice of the Fields may be reproduced