Cal. Code Regs. tit. 22 § 3303.1(c)-1
An individual eligible to receive Family Temporary Disability Insurance benefits who receives full or partial vacation leave pursuant to section 3303.1(c) of the code shall not be paid benefits during the same period.
EXAMPLE 1. One Week Vacation Leave. Claimant A establishes a claim for Family Temporary Disability Insurance benefits commencing July 1. Claimant A's employer requires the use of up to two weeks of earned but unused vacation leave prior to receipt of Family Temporary Disability Insurance benefits. Claimant A has one week of vacation leave available.
Claimant A is not eligible for Family Temporary Disability Insurance benefits for the period of July 1 through July 7 pursuant to section 3303.1(c) of the code. Claimant A may receive full Family Temporary Disability Insurance benefits beginning on July 8, if otherwise eligible.
EXAMPLE 2. Two Weeks Vacation Leave. Claimant B establishes a claim for Family Temporary Disability Insurance benefits commencing July 1. Claimant B's employer requires the use of up to two weeks of earned but unused vacation leave prior to receipt of Family Temporary Disability Insurance benefits. Claimant B has two weeks of vacation leave available.
Claimant B is not eligible for Family Temporary Disability Insurance benefits for the period of July 1 through July 14 pursuant to section 3303.1(c) of the code. Claimant B may receive full Family Temporary Disability Insurance benefits beginning July 15, if otherwise eligible.
EXAMPLE 3. Three Weeks Vacation Leave. Claimant C establishes a claim for Family Temporary Disability Insurance benefits commencing July 1. Claimant C's employer requires the use of up to two weeks of earned but unused vacation leave prior to the receipt of Family Temporary Disability Insurance benefits. Claimant C has three weeks of vacation leave available.
Claimant C is not eligible for Family Temporary Disability Insurance benefits for the period July 1 through July 14 pursuant to section 3303.1(c) of the code. Claimant C may receive full Family Temporary Disability Insurance benefits beginning July 15, if otherwise eligible, since the third week of vacation leave is not in conflict.
EXAMPLE 4. Vacation Leave Not Required. Claimant D establishes a claim for Family Temporary Disability Insurance benefits commencing July 1. Claimant D's employer does not require the use of up to two weeks of earned but unused vacation leave prior to the receipt of Family Temporary Disability Insurance benefits. Claimant D chooses to use three weeks of vacation leave available.
Claimant D may receive full Family Temporary Disability Insurance benefits, if otherwise eligible, beginning July 1. Claimant D's vacation leave does not conflict with the receipt of Family Temporary Disability Insurance benefits since the employer did not require Claimant D to use the vacation leave.
EXAMPLE 5. Partial Week Vacation Leave. Claimant E establishes a claim for Family Temporary Disability Insurance benefits commencing Thursday, July 1, 2004. Claimant E's employer requires the use of up to two weeks of earned but unused vacation leave prior to the receipt of Family Temporary Disability Insurance benefits. Claimant E normally works four ten-hour shifts, Monday through Thursday, and has 60 hours of vacation leave available.
Claimant E is not eligible for Family Temporary Disability Insurance benefits for the period July 1 through July 12, 2004, due to the receipt of vacation leave pursuant to section 3303.1(c) of the code. Claimant E may receive full Family Temporary Disability Insurance benefits beginning July 13, 2004, if otherwise eligible, because this is the first day for which he suffers a wage loss.
EXAMPLE 6. Paid Time Off. Claimant F establishes a claim for Family Temporary Disability Insurance benefits commencing July 18. Claimant F's employer grants paid leave, which is paid to the employee as wages pursuant to Labor Code section 227.3. Claimant F's employer requires the use of up to two weeks of this earned but unused leave prior to the receipt of Family Temporary Disability Insurance benefits. Claimant F, a part-time worker, normally works three eight-hour shifts per week and has 48 hours of this leave available.
Claimant F is not eligible for benefits July 18 through July 31 due to the receipt of leave pursuant to section 3303.1(c) of the code. Claimant F may receive full Family Temporary Disability Insurance benefits beginning August 1, if otherwise eligible, because this is the first day for which he suffers a wage loss.
EXAMPLE 7. Vacation Leave During Intermittent Family Care. Claimant G establishes a claim for Family Temporary Disability Insurance benefits commencing September 1, 2006. Claimant G plans to take every Friday off beginning September 1 to provide care for his seriously ill spouse. He also plans to provide care on Saturdays and Sundays. Claimant G normally works five eight-hour days, Monday through Friday. Claimant G's employer requires the use of up to two weeks of earned but unused vacation leave prior to the receipt of Family Temporary Disability Insurance benefits. Claimant G's employer reports that it paid him two weeks (80 hours) of vacation leave for ten successive Fridays falling on September 1, 8, 15, 22, 29, October 6, 13, 20, 27, and November 3.
Vacation leave may only be allocated toward regularly scheduled work days. The required vacation leave is allocated to September 1, 8, 15, 22, 29, October 6, 13, 20, 27, and November 3. Vacation leave may not be allocated to September 2, 3, 9, and 10, as those days are not regularly scheduled workdays. Claimant G may receive Family Temporary Disability Insurance benefits beginning November 4, 2006, or the first day thereafter for which he suffers a wage loss, if otherwise eligible.
EXAMPLE 8. Vacation Leave During Middle of Claim. Claimant H establishes a claim for Family Temporary Disability Insurance benefits commencing September 13, 2006, to provide care for her seriously ill mother. Claimant H normally works five eight-hour days, Monday through Friday. Claimant H received benefits from September 13 through October 24, 2006. The employer paid the claimant two weeks of vacation leave from October 9 through October 21.
The vacation leave under this circumstance would not be in conflict with the receipt of Family Temporary Disability Insurance benefits, as Claimant H suffered a full wage loss beginning September 13, and the vacation leave was paid after the commencement of the claim.
EXAMPLE 9. Vacation Leave On A Re-Established Claim. Claimant I establishes an initial claim for Family Temporary Disability Insurance benefits commencing June 5, 2006 in order to provide care for her seriously ill father. Claimant I normally works five eight-hour days, Monday through Friday. Claimant I's employer requires the use of up to two weeks (ten days) of earned but unused vacation leave prior to the receipt of Family Temporary Disability Insurance benefits.
The claimant returned to work on June 14, 2006. Seven out of the ten days of required vacation leave are allocated to the period from June 5 through June 13. No benefits are paid since the claimant returned to work on June 14.
Claimant I submits a new claim to re-establish her initial claim with an effective date of October 2, 2006, to continue caring for her father. Since the employer requires the claimant to use ten days of earned but unused vacation leave, the three remaining days of the required vacation leave from the initial claim are allocated to October 2, 3 and 4. Claimant I may receive Family Temporary Disability Insurance benefits beginning October 5, if otherwise eligible.
EXAMPLE 10. Partial Conflicting Vacation Leave After Claim Effective Date. Claimant J establishes a claim for Family Temporary Disability Insurance benefits commencing on July 10, 2006, to provide care for his seriously ill mother. Claimant J normally works five eight-hour days, Monday through Friday.
Claimant J's employer paid him two weeks (ten days) of required vacation leave from July 12 through July 25. The first eight days of required vacation leave are allocated to the period from July 10 through July 23. The remaining two days of the required vacation leave fall into the third week of the benefit period and are not in conflict with the receipt of Family Temporary Disability Insurance benefits. Claimant J may receive Family Temporary Disability Insurance benefits beginning July 24, if otherwise eligible.
Cal. Code Regs. Tit. 22, § 3303.1(c)-1
2. Amendment filed 11-6-2008; operative 12-6-2008 (Register 2008, No. 45).
3. 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).
Note: Authority cited: Sections 305 and 306, Unemployment Insurance Code. Reference: Sections 2656 and 3303.1, Unemployment Insurance Code.
2. Amendment filed 11-6-2008; operative 12-6-2008 (Register 2008, No. 45).
3. 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).