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

22 CA ADC § 3301(d)-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 § 3301(d)-1
§ 3301(d)-1. Twelve-Month Period Defined.
(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 17, 2004. Claimant A receives six weeks of benefits through December 28, 2004. Claimant A returns to work through May 31, 2005. Claimant A establishes a claim for benefits requesting additional Family Temporary Disability Insurance benefits beginning June 1, 2005.
Claimant A is ineligible for additional benefits because the maximum amount of six weeks of benefits was paid in full during the 365 days beginning November 17, 2004. 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 17, 2005.
EXAMPLE 2. Claimant B establishes a claim for Family Temporary Disability Insurance benefits beginning November 17, 2004 to provide care for her parent. Claimant B receives three weeks of benefits through December 7, 2004. Claimant B returns to work through November 2, 2005. Claimant B requests an additional three weeks of benefits beginning November 3, 2005 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, 2005.
EXAMPLE 3. Claimant C establishes a claim for Family Temporary Disability Insurance benefits beginning November 17, 2004 to provide care for his parent. Claimant C receives three weeks of benefits through December 7, 2004. Claimant C returns to work through November 2, 2005. Claimant C requests an additional six weeks of benefits beginning November 3, 2005 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, 2005. However, Claimant C may submit a new claim for Family Temporary Disability Insurance benefits to establish a new 12-month period beginning November 17, 2005. Claimant C may receive additional benefits in the new 12-month period if his care is warranted and he is otherwise eligible.
Note: Authority cited: Sections 305 and 306, Unemployment Insurance Code. Reference: Sections 3301 and 3302, 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).
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).
This database is current through 11/8/19 Register 2019, No. 45
22 CCR § 3301(d)-1, 22 CA ADC § 3301(d)-1
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