Program

Letter

United States

Railroad Retirement Board

Office of Programs

Quality Reporting Service Center

Email: QRSC@rrb.gov

Phone: (312) 751-4992

Fax: (312) 751-7123

Circular Letter UI-C-232 Released: October 1996

TO: Chief Executive Officers

 Unemployment and Sickness Insurance Contact Officials

SUBJECT: Family and Medical Leave Act

Please share this information with the appropriate members of your staff who file service 

and compensation reporting forms for employees of your organization.

This letter provides information about the eligibility of employees who take leave under the 

Family and Medical Leave Act (FMLA) for unemployment and sickness benefits under the 

Railroad Unemployment Insurance Act (RUIA). The letter also explains what information 

railroad employers should provide to the Railroad Retirement Board (RRB) in prepayment claims 

verification responses about employees on leave under the FMLA.

Background

The FMLA provides employees with up to 12 weeks of leave per year to attend to their own 

health problems or those of their child, spouse or parent. Leave is also available for the birth, 

adoption or placement of a child in foster care. Under the FMLA, an employee cannot lose 

employment rights merely because he or she takes leave under the terms of the FMLA. 

Eligibility Under the RUIA

In general, the RUIA defines a day of unemployment as a day on which an employee is able to 

work and is available for work, and for which he or she receives no pay. A day of sickness is 

defined as a day on which an employee is unable to work because of any injury or illness and for 

which he or she receives no pay.

An employee who takes paid leave from service under FMLA is not eligible for unemployment 

or sickness benefits because of the receipt of remuneration. Keep in mind that the term "paid 

leave" does not include supplemental benefits paid under nongovernmental plans approved by 

the RRB.

If an employee takes unpaid leave under FMLA, unemployment benefits are not payable because 

the employee is not available for work due to personal circumstances, and sickness benefits are 
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not payable in cases where the employee takes leave under FMLA to care for a family member or 

because of a birth, adoption or placement of a child in foster care. On the other hand, an 

employee who takes unpaid leave for his or her own health problems may be eligible for sickness 

benefits if he or she is unable to work due to sickness, injury or, in the case of a female 

employee, pregnancy or the birth of a child.

Employer Prepayment Claims Verification Responses 

Section 5 of the RUIA provides that when a claim for unemployment or sickness benefits is filed 

with the RRB, the RRB is required to provide notice of the claim to the claimant's base year 

railroad employer or employers. The notice is provided so that the employer has an opportunity 

to submit information relevant to the claim before a decision is made to pay or deny benefits. 

This prepayment claims verification process allows railroad employers to have input into the 

unemployment and sickness insurance program, and some control over the benefits charged to 

them under the experience rating provisions of the RUIA.

The RRB provides prepayment notice of claims for benefits either by electronic data interchange 

(EDI) or printed Form ID-4K, Prepayment Notice of Employee's Application and Claims for 

Benefits. Employer responses to notices of applications and claims should be made to the RRB 

within 3 business days of the date of the notice.

Employers using the prescribed EDI formats to report daily payroll status information to the RRB 

should use code "CL" for any day that an employee is on leave under the FMLA.

Code Description Use

CL - Compassionate Leave Day

Off due to death or illness in family; day off to attend a funeral; day off under the Family and 

Medical Leave Act.

In addition to the payroll status code of "CL," the 1-digit numeric code indicating whether the 

employee was paid wages for the days is to be reported. The codes are: 0 - not paid, 1 - paid.

Employers who do not use EDI to report to the RRB should provide this information by 

telephone to the RRB office indicated on the Form ID-4K notice.

If you have questions or need additional information about reporting information to the RRB 

related to employees on leave under the FMLA, please contact the RRB office serving your area, 

or write to the U.S. Railroad Retirement Board, Office of Programs - Policy and Systems, 844 

North Rush Street, Chicago, Illinois 60611-1275.