Cal. Code Regs. tit. 22 § 3301(d)-1

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 3301(d)-1 - Twelve-Month Period Defined

(a) Any "12-month period," means the 365 consecutive days beginning with the first day from which the individual first establishes a valid claim for Family Temporary Disability Insurance benefits.

EXAMPLE 1. Claimant A establishes a claim for Family Temporary Disability Insurance benefits beginning November 1, 2020. Claimant A receives eight weeks of benefits through December 26, 2020. Claimant A returns to work through May 31, 2021. Claimant A establishes a claim for benefits requesting additional Family Temporary Disability Insurance benefits beginning June 1, 2021.

Claimant A is ineligible for additional benefits because the maximum amount of eight weeks of benefits was paid in full during the 365 days beginning November 1, 2020. Claimant A is not eligible for any further benefits until a new 12-month period can be established which could not be earlier than November 1, 2021.

EXAMPLE 2. Claimant B establishes a claim for Family Temporary Disability Insurance benefits beginning November 17, 2020 to provide care for her parent. Claimant B receives six weeks of benefits through December 28, 2020. Claimant B returns to work through November 2, 2021. Claimant B requests an additional four weeks of benefits beginning November 3, 2021 to provide care for her spouse.

Claimant B is only eligible for two weeks of benefits, November 3 through November 16, since the 12-month period terminates on November 16, 2021.

EXAMPLE 3. Claimant C establishes a claim for Family Temporary Disability Insurance benefits beginning November 17, 2020 to provide care for his parent. Claimant C receives six weeks of benefits through December 28, 2020. Claimant C returns to work through November 2, 2021. Claimant C requests an additional six weeks of benefits beginning November 3, 2021 to provide care for his spouse.

Claimant C is only eligible for two weeks of benefits, November 3 through November 16, since the 12-month period terminates on November 16, 2021. However, Claimant C may submit a new claim for Family Temporary Disability Insurance benefits to establish a new 12-month period beginning November 17, 2021. Claimant C may receive additional benefits in the new 12-month period if his care is warranted and he is otherwise eligible.

Cal. Code Regs. Tit. 22, § 3301(d)-1

1. New section filed 6-23-2004; operative 7-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 26).
2. Change without regulatory effect amending section filed 12-5-2017 pursuant to section 100, title 1, California Code of Regulations; effective 1-1-2018 (Register 2017, No. 49).
3. Editorial correction of subsection (a) (Register 2018, No. 21).
4. Change without regulatory effect amending section filed 7-1-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 27).

Note: Authority cited: Sections 305 and 306, Unemployment Insurance Code. Reference: Sections 3301 and 3302, Unemployment Insurance Code.

1. New section filed 6-23-2004; operative 7-1-2004 pursuant to Government Code section 11343.4(Register 2004, No. 26).
2. Change without regulatory effect amending section filed 12-5-2017 pursuant to section 100, title 1, California Code of Regulations; effective 1/1/2018 (Register 2017, No. 49).
3. Editorial correction of subsection (a) (Register 2018, No. 21).
4. Change without regulatory effect amending section filed 7-1-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 27).