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

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
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.