new text begin [268B.001] CITATION.
new text end

Subd. 3.

Applicant.

"Applicant" means an individualnew text begin or the individual's authorized
representativenew text end applying for leave with benefits under this chapter.

Subd. 5.

Base period.

(a) "Base period," unless otherwise provided in this subdivision,
means the most recent four completed calendar quarters before the effective date of an
applicant's application for family or medical leave benefits if the application has an effective
date occurring after the month following the most recent completed calendar quarter. The
base period under this paragraph is as follows:

If the application for family or medical leave benefits is effective on or between these dates:	The base period is the prior:
February 1 to March 31	January 1 to December 31
May 1 to June 30	April 1 to March 31
August 1 to September 30	July 1 to June 30
November 1 to December 31	October 1 to September 30

(b) If an application for family or medical leave benefits has an effective date that is
during the month following the most recent completed calendar quarter, then the base period
is the first four of the most recent five completed calendar quarters before the effective date
of an applicant's application for family or medical leave benefits. The base period under
this paragraph is as follows:

If the application for family or medical leave benefits is effective on or between these dates:	The base period is the prior:
January 1 to January 31	October 1 to September 30
April 1 to April 30	January 1 to December 31
July 1 to July 31	April 1 to March 31
October 1 to October 31	July 1 to June 30

(c) Regardless of paragraph (a), a base period of the first four of the most recent five
completed calendar quarters must be used if the applicant would have more wage credits
under that base period than under a base period of the four most recent completed calendar
quarters.

(d) If the applicant has insufficient wage credits to establish a benefit account under a
base period of the four most recent completed calendar quarters, or a base period of the first
four of the most recent five completed calendar quarters, but during either base period the
applicant received workers' compensation for temporary disability under chapter 176 or a
similar federal law or similar law of another state, or if the applicant whose own serious
illness caused a loss of work for which the applicant received compensation for loss of
wages from some other source, the applicant may request a base period as follows:

(1) if an applicant was compensated for a loss of work of seven to 13 weeks during a
base period referred to in paragraph (a) or (b), then the base period is the first four of the
most recent six completed calendar quarters before the effective date of the application for
family or medical leave benefits;

(2) if an applicant was compensated for a loss of work of 14 to 26 weeks during a base
period referred to in paragraph (a) or (b), then the base period is the first four of the most
recent seven completed calendar quarters before the effective date of the application for
family or medical leave benefits;

(3) if an applicant was compensated for a loss of work of 27 to 39 weeks during a base
period referred to in paragraph (a) or (b), then the base period is the first four of the most
recent eight completed calendar quarters before the effective date of the application for
family or medical leave benefits; and

(4) if an applicant was compensated for a loss of work of 40 deleted text begin to 52deleted text end new text begin or morenew text end weeks during
a base period referred to in paragraph (a) or (b), then the base period is the first four of the
most recent nine completed calendar quarters before the effective date of the application
for family or medical leave benefits.

(e) For an applicant under a private plan as provided in section 268B.10, the base period
is those most recent four quarters in which wage credits were earned deleted text begin with the current
employer as provided by the current employerdeleted text end . If an employer does not have four quarters
of wage detail information, the employer must accept an employee's certification of wage
credits, based on the employee's records. If the employee does not provide certification of
additional wage credits, the employer may use a base period that consists of all available
quarters.

new text begin (f) The base period is calculated once during the benefit year.
new text end

Subd. 8.

Benefit year.

(a) Except as provided in deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (b)new text begin to (d)new text end , "benefit
year" means the period of 52 calendar weeks beginning the deleted text begin date a benefit accountdeleted text end new text begin effective
date of leavenew text end under section 268B.04 is effective. For de