California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 7 - Family Temporary Disability Insurance › Section 3303.1(c)-1 - Vacation Leave

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
1. New
						  section filed 6-23-2004; operative 7-1-2004 pursuant to Government Code section
						  11343.4
						  (Register 2004, No. 26).
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.