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§ 3303.1(a)-1. Ready, Willing, Able and Available to Provide Care for the Same Period of Time.

22 CA ADC § 3303.1(a)-1BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 1. Employment Development Department [FNA1]
Subdivision 1. Director of Employment Development
Division 1. Unemployment and Disability Compensation
Part 2. Disability Compensation
Chapter 7. Family Temporary Disability Insurance (Refs & Annos)
22 CCR § 3303.1(a)-1
§ 3303.1(a)-1. Ready, Willing, Able and Available to Provide Care for the Same Period of Time.
An individual is not eligible for Family Temporary Disability Insurance benefits on any day that another family member is ready, willing, and able and available to provide care during the same period of time in a day that the individual is providing care.
(a) “Ready, Willing, Able and Available.”
(1) Another family member may be ready, willing, and able and available regardless of his or her attachment to the labor market.
EXAMPLE 1. Claimant A is employed full time. His brother is unemployed and looking for work. Claimant A's mother requires care for her serious health condition. The brother is not willing to provide the required care.
Claimant A may receive Family Temporary Disability Insurance benefits, if otherwise eligible.
(2) Another family member may not be ready, willing, and able and available because of a physical or mental disability that substantially limits his or her ability to provide the required care.
EXAMPLE 2. Claimant B is employed full time. Her brother is an unemployed substance abuser. Their seriously ill parent does not want the brother to provide the required care due to his unreliability.
Claimant B may receive Family Temporary Disability Insurance benefits, if otherwise eligible.
(b) “Same period of time in a day.”
(1) No more than one care provider may claim benefits for providing care in any eight-hour period and no more than three in a 24-hour period. Determining whether another family member may be ready, willing, and able and available during the same period of time in a day depends on the care requirements of the care recipient as determined by the physician or practitioner treating the care recipient.
EXAMPLE 1. The doctor certifies that the care recipient requires care eight consecutive hours per day. The care recipient has three children who establish claims to receive Family Temporary Disability Insurance benefits to provide care for her.
Only one of the three claimants may receive benefits, if otherwise eligible, because only one is needed to provide the care recipient with eight consecutive hours of care per day.
EXAMPLE 2. The doctor certifies that the care recipient requires 24-hour care. The care recipient has three children who establish claims to receive Family Temporary Disability Insurance benefits to provide care for her.
All three of the claimants may receive Family Temporary Disability Insurance benefits, if otherwise eligible. A maximum of three claimants may receive benefits for providing care during eight-hour shifts within a 24-hour period, if otherwise eligible. Each of the children will provide eight hours of care to provide the required 24-hour care for their mother.
EXAMPLE 3. The doctor certifies that the care recipient requires 24-hour care. The care recipient has five children, Claimant A, Claimant B, Claimant C, Claimant D, and Claimant E, who establish claims to receive Family Temporary Disability Insurance benefits to provide care for her.
Only three of the five claimants may receive Family Temporary Disability Insurance benefits for the same care recipient for the same period of time, if otherwise eligible. Claims are processed, if all applicable eligibility criteria are met, in the order which they are received. Claimants A, C, and E establish claims with the department and are found eligible before Claimants B and D establish claims. Therefore, Claimants B and D are initially denied Family Temporary Disability Insurance benefits. If Claimants B and D are otherwise eligible, and the care recipient criteria are still met, they may establish a claim for benefits as A, C, and E are no longer ready, willing, able and available to provide care.
Note: Authority cited: Sections 305 and 306, Unemployment Insurance Code. Reference: Section 3303.1, Unemployment Insurance Code.
HISTORY
1. New section filed 6-23-2004; operative 7-1-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 26).
This database is current through 5/6/22 Register 2022, No. 18
22 CCR § 3303.1(a)-1, 22 CA ADC § 3303.1(a)-1
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