Benefit Calculation and Duration of Benefits
The weekly benefit rate for a State Plan Family Leave Insurance claim is based on your average weekly wage. The average weekly wage is generally based on how much you earn in the eight weeks immediately before your claim begins. For claims beginning January 1, 2013, the weekly benefit rate is two-thirds (2/3) of your average weekly wage, with a maximum of $584.
The daily benefit rate is one-seventh (1/7) of the weekly benefit rate.
If you believe that the average weekly wage used to calculate your weekly benefit rate is too low, you may request a recalculation of the average based on the 26 weeks prior to your claim. This request must be in writing.
If you file a State Plan claim for Family Leave Insurance benefits immediately after an eligible State Plan temporary disability claim, in most cases the weekly benefit amount you receive will be the same as your State Plan temporary disability benefit amount. No one may receive more than the maximum weekly benefit amount allowed by law.
Duration of Benefits
You may receive benefits for up to six weeks (42 days) during a 12 month period or until you receive benefits equal to one-third (1/3) of your earnings during your base year, whichever is less. The 12-month period is the 365 consecutive days that begins on the first day of a valid family leave insurance claim.
A "first claim" is the first claim you file for Family Leave Insurance benefits. The 12-month period starts when you file your first claim.
A “re-established claim” is another claim filed within the same 12-month period. You may re-establish a claim:
- To care for a different family member, or
- During or following employment with a different employer
Important: No one may receive more than six (6) weeks or forty-two (42) days of benefits during the 12-month period, for any reason.