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 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2708(b)-1 - Warrants the Participation of the Employee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Section
						  2708(b) of the
						  code requires a claimant to establish that the serious health condition
						  "warrants the participation of the employee" and includes physical assistance
						  and/or psychological comfort as acceptable types of care. When a serious health
						  condition renders the care recipient unable to attend to his or her own basic
						  medical, hygienic, or nutritional needs or safety, or to transport himself or
						  herself to the doctor, then that serious health condition warrants the
						  participation of the claimant to provide care for that care recipient by
						  physically assisting him or her to accomplish these tasks. Providing
						  reassurance and emotional support that is beneficial to a child, spouse,
						  parent, grandparent, grandchild, sibling, or registered domestic partner with a
						  serious health condition is another type of acceptable care.
EXAMPLE 1. Claimant A's wife has a heart condition
							 that requires her to take medication regularly and to avoid stress-inducing
							 events. Her father lives in another country and dies there in a car accident.
							 Claimant A takes a week off work and accompanies his wife to her father's
							 funeral in that country and claims Family Temporary Disability Insurance
							 benefits. The medical certificate indicates the wife's heart condition does not
							 warrant Claimant A's participation in her care.
Claimant A is not eligible for benefits because his
							 participation was not warranted by his wife's heart condition. Therefore, the
							 time that he took off work was not for the purpose of caring for her pursuant
							 to a treating physician or practitioner's instruction.
EXAMPLE 2. Claimant B's sister dies suddenly in
							 Nevada. As a result of her death, Claimant B's father becomes so severely
							 depressed that he is incapacitated and cannot take care of his daily needs. He
							 requires counseling and mental health services in order to cope with his grief.
							 Claimant B establishes a claim for Family Temporary Disability Insurance
							 benefits. The medical certificate indicates the father's serious health
							 condition warrants Claimant B's participation in his care. Claimant B takes
							 time off work to provide his father with psychological comfort by attending
							 counseling sessions with him at a mental health clinic and comforting him in
							 his home.
Claimant B may receive benefits, if otherwise
							 eligible, because his father's serious health condition warrants the
							 psychological comfort of Claimant B.
EXAMPLE 3. Claimant C's elderly mother decides to
							 move into an apartment upstairs from the one where she currently lives. The
							 mother has no serious health condition. Claimant C takes time off work to help
							 her mother move into the new apartment. Claimant C establishes a claim for
							 Family Temporary Disability Insurance benefits. The medical certificate
							 indicates Claimant C's mother does not have a serious health condition that
							 warrants Claimant C's participation in her care.
Claimant C is not eligible for benefits because her
							 mother does not have a serious health condition that warranted Claimant C's
							 care.
(b) A care recipient's
						  serious health condition may also warrant the claimant's participation in
						  situations where the claimant is needed to substitute for others who are caring
						  for the care recipient, or to make arrangements for care, such as transfer to a
						  nursing home.
(c) A care
						  recipient's serious health condition may warrant the participation of the care
						  provider intermittently, rather than in one single block of time.
EXAMPLE 1: Claimant A's registered domestic partner
							 undergoes radiation for cancer one day every month over 500 miles from their
							 home. Claimant A takes two days off work for each radiation appointment to
							 accompany her registered domestic partner to and from the appointment. Claimant
							 A establishes a claim for benefits supported by a medical certificate that
							 indicates her care is warranted for two days every month due to her domestic
							 partner's serious health condition.
Claimant A may receive Family Temporary Disability
							 Insurance benefits for the days she takes leave from work, 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. Change without regulatory effect
							 amending subsection (a) filed 1-10-2017 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 2017, No. 2).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								2708,
								Unemployment Insurance Code.