NEW JERSEY TEMPORARY DISABILITY BENEFITS LAW

STATE OF NEW JERSEY

DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT

DIVISION OF TEMPORARY DISABILITY INSURANCE

NEW JERSEY

TEMPORARY DISABILITY BENEFITS LAW

July 2020

TABLE OF CONTENTS

TEMPORARY DISABILITY BENEFITS LAW

ARTICLE I

43:21-25. Short title .............................................................................................................. 1

43:21-26. Purpose ................................................................................................................. 1

43:21-27. Definitions.............................................................................................................. 3

43:21-28. Coverage ............................................................................................................... 9

43:21-29. Compensable disability, individual, family .................................................................. 9

43:21-29.1. Repealed

43:21-29.2 Rights of employees who are organ, bone marrow donors……………………………………………….10

43:21-30. Nonduplication of benefits, exceptions, certain ......................................................... 10

43:21-30.1. Notice of unemployment compensation, conditions ................................................... 11

43:21-31. Certain individuals excepted ................................................................................... 11

ARTICLE II – PRIVATE PLANS

43:21-32. Establishment of private plans ................................................................................ 12

43:21-33. Election by employees; deduction of contributions .................................................... 13

43:21-34. Existing plans ....................................................................................................... 13

43:21-35. Termination of private plans ................................................................................... 14

43:21-36. Additional benefits ................................................................................................ 15

ARTICLE III – STATE PLAN

43:21-37. Persons entitled to benefits .................................................................................... 16

43:21-38. Duration of benefits............................................................................................... 16

43:21-39. Limitation of benefits ............................................................................................. 17

43:21-39.1 Compensation for family temporary disability leave; conditions .................................. 19

43:21-39.2. Duration of family temporary disability leave; continuous or

intermittent; certification ....................................................................................... 21

43:21-39.3. Payment of benefits for family temporary disability leave, continuous or

intermittent

………………………………………………………………………………………………………….22

43:21-39.4. Availability of annual reports, contents .................................................................... 23

43:21-39.5 Temporary disability benefits, paid family leave benefits program; applications…………….24

43:21-40. Benefit rates, partial benefits .................................................................................. 25

43:21-41. Entitlement for disability benefits ............................................................................ 26

43:21-42. Payment of disability benefits; fund; deceased claimant; minors;

representative appointed ....................................................................................... 27

ARTICLE IV – DISABILITY DURING UNEMPLOYMENT

43:21-43. Benefits (Amended R.S.43:21-3.) ........................................................................... 28

43:21-44. Benefit Eligibility Conditions (Amended R.S.43:21-4.) ............................................... 28

ARTICLE V – ADMINISTRATIN AND FINANCE

43:21-45. Administration ...................................................................................................... 28

43:21-45.1. Reciprocal agreements for certain temporary disability benefits .............................. 29

43:21-45.2. Implementation of disability insurance goals for timely determination and prompt

payment………………………………………………………………………………………….…………………………….. 29

43 :21-45.3. Contract for technical and support services and equipment to adapt and increase

functionality of the administrative system……………………………….……………………………………32

43:21-46. State disability benefits fund .................................................................................. 33

43:21-47. Withdrawals from federal treasury .......................................................................... 35

43:21-48. Assessment of costs administration ......................................................................... 38

43:21-49. Postings, notice and claim for disability benefits........................................................ 38

43:21-50. Review ............................................................................................................... 40

43:21-51. Fees of attorney and medical witnesses ................................................................... 40

43:21-52. Records and reports .............................................................................................. 41

43:21-53. Rights in payments ............................................................................................... 41

43:21-54. Financial responsibility under private plans .............................................................. 41

43:21-55. Penalties .............................................................................................................. 42

43:21-55.1. Liability for repayment of disability benefits overpayments ......................................... 43

43:21-55.2 Retaliation against employee for request, use of disability benefits prohibited; violations,

penalties…………………………………………………………………………………………………………………………………………………….44

43:21-56. Severability .......................................................................................................... 44

APPENDIX I

34:15-57.1 Reimbursement of benefits paid under Temporary Disability

Benefits Law ........................................................................................................ 45

34:15-57.2 Inquiry as to other payments received before paying

compensation; proof of amounts paid ..................................................................... 45

34:15-57.3 Effective date ....................................................................................................... 46

APPENDIX II

54A:6-31 Family leave benefits not included in gross income .................................................... 47

APPENDIX III

iii

34 :11C-3. Regulations relative to unpaid leave for employees, family members affected by certain

offenses ................................................................................................................ 48

TEMPORARY DISABILITY BENEFITS LAW

ARTICLE I

43 :21-25. Short title

This act shall be known and may be cited as the “Temporary Disability Benefits Law."

HISTORY: L.1948, c. 110, p. 586, s. 1.

43 :21-26. Purpose

This act shall be liberally construed as remedial legislation enacted upon the following

declarations of public policy and legislative findings of fact:

The public policy of this State, already established, is to protect employees against the

suffering and hardship generally caused by involuntary unemployment. But the

"unemployment compensation law" provides benefit payments to replace wage loss caused

by involuntary unemployment only so long as an individual is "able to work, and is available

for work," and fails to provide any protection against wage loss suffered because of inability

to perform the duties of a job interrupted by nonoccupational illness, injury, or other disability

of the individual or of members of the individual's family. Nor is there any other

comprehensive and systematic provision for the protection of working people against loss of

earnings due to a nonoccupational sickness, accident, or other disability.

The prevalence and incidence of nonoccupational sickness, accident, and other

disability among employed people is greatest among the lower income groups, who either

cannot or will not voluntarily provide out of their own resources against the hazard of an

earnings loss caused by nonoccupational sickness, accident, or other disability. Disabling

sickness or accident occurs throughout the working population at one time or another, and

approximately fifteen per centum (15%) of the number of people at work may be expected

to suffer disabling illness of more than one week each year.

It was found, prior to the enactment of the "Temporary Disability Benefits Law,"

P.L.1948, c.110 (C.43:21-25 et al.), that then existing voluntary plans for the payment of

cash sickness benefits covered less than one-half of the number of working people of this

State who were covered by the "unemployment compensation law," and that even that degree

of voluntary protection afforded uneven, unequal and sometimes uncertain protection among

the various voluntary benefit programs.

While the enactment of that law has provided stable protection for New Jersey's

disabled workers, very few workers are protected from income losses caused by the need to

take time off from work to care for family members who are incapable of self-care, including

newborn and newly-adopted children. The growing portion of middle-income families in which

all adult family members work, largely due to economic necessity, points to the desperate

need for replacement income when a working family member must take time to care for family

members who are unable to take care of themselves. Moreover, the United States is the only

industrialized nation in the world which does not have a mandatory workplace-based program

for such income support. It is therefore desirable and necessary to fill the gap in existing

provisions for protection against the loss of earnings caused by involuntary unemployment,

by extending such protection to meet the hazard of earnings loss due to inability to work

caused by nonoccupational sickness, accidents, or other disabilities of workers and members

of their families. Developing systems that help families adapt to the competing interests of

work and home not only benefits workers, but also benefits employers by reducing employee

turnover and increasing worker productivity.

The foregoing facts and considerations require that there be a uniform minimum

program providing in a systematic manner for the payment of reasonable benefits to replace

partially such earnings loss and to meet the continuing need for benefits where an individual

becomes disabled during unemployment or needs to care for family members incapable of

self-care. In order to maintain consumer purchasing power, relieve the serious menace to

health, morals and welfare of the people caused by insecurity and the loss of earnings, to

reduce the necessity for public relief of needy persons, to increase workplace productivity and

alleviate the enormous and growing stress on working families of balancing the demands of

work and family needs, and in the interest of the health, welfare and security of the people

of this State, such a system, enacted under the police power, is hereby established, requiring

the payment of reasonable cash benefits to eligible individuals who are subject to accident or

illness which is not compensable under the worker's compensation law or who need to care

for family members incapable of self-care.

While the Legislature recognizes the pressing need for benefits for workers taking leave

to care for family members incapable of self-care, it also finds that the need of workers for

leave during their own disability continues to be especially acute, as a disabled worker has

less discretion about taking time off from work than a worker caring for a family member.

Notwithstanding any interpretation of law which may be construed as providing a worker with

rights to take action against an employer who fails or refuses to restore the worker to

employment after the worker's own disability, the Legislature does not intend that the policy

established by P.L.2008, c.17 (C.43:21-39.1 et al.) of providing benefits for workers during

periods of family temporary disability leave to care for family members incapable of self-care

be construed as granting any worker an entitlement to be restored by the employer to

employment held by the worker prior to taking family temporary disability leave or any right

to take action, in tort, or for breach of an implied provision of the employment agreement, or

under common law, against an employer who fails or refuses to restore the worker to

employment after the family temporary disability leave, and the Legislature does not intend

that the policy of providing benefits during family temporary disability leave be construed as

increasing, reducing or otherwise modifying any entitlement of a worker to return to

employment or right of the worker to take action under the provisions of the "Family Leave

Act," P.L.1989, c.261 (C.34:11B-1 et seq.).

Since the enactment of the "Temporary Disability Benefits Law," P.L.1948, c.110

(C.43:21-25 et al.), the State government-operated State temporary disability benefits plan,

or "State plan," has proven to be highly efficient and cost effective in providing temporary

disability benefits to New Jersey workers. The State plan guarantees the availability of

coverage for all employers, regardless of experience, with low overhead costs and a rapid

processing of claims and appeals by knowledgeable, impartial public employees.

Consequently, the percentage of all employers using the State plan increased from 64% in

1952 to 98% in 2006, while the percentage of employees covered by the State plan increased

from 28% to 83%. A publicly-operated, nonprofit State plan is therefore indispensable to

achieving the goals of the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25

et al.).

HISTORY: L.1948, c.110, s.2; amended 2008, c.17, s.1; 2019, c.37, s.7.

43 :21-27. Definitions

As used in this act, unless the context clearly requires otherwise:

(a) (1) "Covered employer" means, with respect to whether an employer is required

to provide benefits during an employee's own disability pursuant to P.L.1948, c.110 (C.43:21-

25 et al.), any individual or type of organization, including any partnership, association, trust,

estate, joint-stock company, insurance company or corporation, whether domestic or foreign,

or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative

of a deceased person, who is an employer subject to the "unemployment compensation law"

(R.S.43:21-1 et seq.), except the State, its political subdivisions, and any instrumentality of

the State unless such governmental entity elects to become a covered employer pursuant to

paragraph (2) of this subsection (a); provided, however, that commencing with the effective

date of this act, the State of New Jersey, including Rutgers, The State University and the New

Jersey Institute of Technology, shall be deemed a covered employer, as defined herein.

"Covered employer" means, after June 30, 2009, with respect to whether the employer

is an employer whose employees are eligible for benefits during periods of family temporary

disability leave pursuant to P.L.1948, c.110 (C.43:21-25 et al.), and, after December 31,

2008, whether employees of the employer are required to make contributions pursuant to

R.S.43:21-7(d)(1)(G)(ii), any individual or type of organization, including any partnership,

association, trust, estate, joint-stock company, insurance company or domestic or foreign

corporation, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal

representative of a deceased person, who is an employer subject to the "unemployment

compensation law" (R.S.43:21-1 et seq.), including any governmental entity or

instrumentality which is an employer under R.S.43:21-19(h)(5), notwithstanding that the

governmental entity or instrumentality has not elected to be a covered employer pursuant to

paragraph (2) of this subsection (a).

(2) Any governmental entity or instrumentality which is an employer under

R.S.43:21-19(h)(5) may, with respect to the provision of benefits during an employee's own

disability pursuant to P.L.1948, c.110 (C.43:21-25 et al.), elect to become a "covered

employer" under this subsection beginning with the date on which its coverage under

R.S.43:21-19(h)(5) begins or as of January 1 of any year thereafter by filing written notice

of such election with the division within at least 30 days of the effective date. Such election

shall remain in effect for at least two full calendar years and may be terminated as of January

1 of any year thereafter by filing with the division a written notice of termination at least 30

days prior to the termination date.

(b) (1) "Covered individual" means, with respect to whether an individual is eligible

for benefits during an individual's own disability pursuant to P.L.1948, c.110 (C.43:21-25 et

al.), any person who is in employment, as defined in the "unemployment compensation law"

(R.S.43:21-1 et seq.), for which the individual is entitled to remuneration from a covered

employer, or who has been out of such employment for less than two weeks, except that a

"covered individual" who is employed by the State of New Jersey, including Rutgers, The State

University or the New Jersey Institute of Technology, or by any governmental entity or

instrumentality which elects to become a "covered employer" pursuant to P.L.1948. c.110

(C.43:21-25 et al.) prior to July 1, 2019 shall not be eligible to receive any benefits under the

"Temporary Disability Benefits Law" until such individual has exhausted all sick leave

accumulated as an employee in the classified service of the State or accumulated under terms

and conditions similar to classified employees or accumulated under the terms and conditions

pursuant to the laws of this State or as the result of a negotiated contract with any

governmental entity or instrumentality which elects to become a "covered employer"; and,

after June 30, 2019 may be required, prior to receiving any benefits under the "Temporary

Disability Benefits Law," to use up to two weeks of sick leave accumulated as an employee in

the classified service of the State or accumulated under terms and conditions similar to

classified employees or accumulated under the terms and conditions pursuant to the laws of

this State or as the result of a negotiated contract with any governmental entity or

instrumentality which elects to become a "covered employer," except that the individual shall

not be required to use the individual's last weeks’ worth of accumulated sick time before

receiving the benefits.

"Covered individual" shall not mean, with respect to whether an individual is eligible

for benefits during an individual's own disability pursuant to P.L.1948, c.110 (C.43:21-25 et

al.), any member of the Division of State Police in the Department of Law and Public Safety.

(2) "Covered individual" means, with respect to whether an individual is eligible for

benefits during the individual's period of family temporary disability leave pursuant to

P.L.1948, c.110 (C.43:21-25 et al.), any individual who is in employment, as defined in the

"unemployment compensation law" (R.S.43:21-1 et seq.), for which the individual is entitled

to remuneration from a covered employer, or who has been out of that employment for less

than two weeks.

Disability Insurance of the Department of Labor and Workforce Development, and any

transaction or exercise of authority by the director of the division shall be deemed to be

performed by the division.

(d) "Day" shall mean a full calendar day beginning and ending at midnight.

(e) "Disability" shall mean such disability as is compensable under section 5 of

P.L.1948, c.110 (C.43:21-29).

(1) "Disability" shall, in the event of a state of emergency declared by the Governor,

or when indicated to be needed by the Commissioner of Health or other public health

authority, also include an illness caused by an epidemic of a communicable disease, a known

or suspected exposure to the communicable disease, or efforts to prevent spread of the

communicable disease, which requires in-home care or treatment of the employee due to:

(i) the issuance by a healthcare provider or the commissioner or other public health

authority of a determination that the presence in the community of the employee may

jeopardize the health of others; and

(ii) the recommendation, direction, or order of the provider or authority that the

employee be isolated or quarantined as a result of suspected exposure to a communicable

disease.

(f) "Disability benefits" shall mean any cash payments which are payable to a covered

individual for all or part of a period of disability pursuant to P.L.1948, c.110 (C.43:21-25 et

al.).

(g) "Period of disability" with respect to any covered individual shall mean:

(1) The entire period of time during which the covered individual is continuously and

totally unable to perform the duties of the covered individual's employment because of the

covered individual's own disability, except that two periods of disability due to the same or

related cause or condition and separated by a period of not more than 14 days shall be

considered as one continuous period of disability; provided the individual has earned wages

during such 14-day period with the employer who was the individual's last employer

immediately preceding the first period of disability; and

(2) On or after July 1, 2009, the entire period of family temporary disability leave

taken from employment by the covered individual.

(h) "Wages" shall mean all compensation payable by covered employers to covered

individuals for personal services, including commissions and bonuses and the cash value of

all compensation payable in any medium other than cash.

(i) (1) (Deleted by amendment, P.L.2001, c.17).

(2) (Deleted by amendment, P.L.2001, c.17).

(3) (Deleted by amendment, P.L.2013, c.221).

(4) "Base week" with respect to periods of disability commencing on or after January

1, 2001, means any calendar week of a covered individual's base year during which the

covered individual earned in employment from a covered employer remuneration not less

than an amount 20 times the minimum wage in effect pursuant to section 5 of P.L.1966, c.113

(C.34:11-56a4) on October 1 of the calendar year preceding the calendar year in which the

benefit year commences, which amount shall be adjusted to the next higher multiple of $1.00

if not already a multiple thereof, except that if in any calendar week an individual subject to

this paragraph is in employment with more than one employer, the covered individual may in

that calendar week establish a base week with respect to each of the employers from whom

the covered individual earns remuneration equal to not less than the amount defined in this

paragraph during that week.

(5) In the case of an individual who is laid off or furloughed by an employer curtailing

operations because of a state of emergency declared after October 22, 2012, any week in

which the individual is separated from employment due to that layoff or furlough, up to a

maximum of 13 weeks, shall be regarded as a week which is a "base week" for the purpose

of determining whether the individual becomes eligible for benefits pursuant to subsection (d)

or (e) of section 17 of P.L.1948, c.110 (C.43:21-41), but shall not be regarded as a base

week when calculating the "average weekly wage" pursuant to subsection (j) of this section.

(j) (1) "Average weekly wage" means, with respect to the payment of benefits

commencing before the effective date of P.L.2019, c.37 (C.43:21-45.2 et al.), the amount

derived by dividing a covered individual's total wages earned from the individual's most recent

covered employer during the base weeks in the eight calendar weeks immediately preceding

the calendar week in which a period of disability commenced, by the number of such base

weeks, and, with respect to the payment of benefits commencing on or after the effective

date of P.L.2019, c.37 (C.43:21-45.2 et al.), the amount derived by dividing a covered

individual's total wages earned from the individual's most recent covered employer during the

base weeks in the base year immediately preceding the calendar week in which a period of

disability commenced, or in which the individual submits a claim for the benefits pursuant to

subsection h. of section 10 of P.L.2008, c.17 (C.43:21-39.1) or paragraph (3) of subsection

(a) of section 25 of P.L.1948, c.110 (C.43:21-49), by the number of base weeks.

(2) With respect to the payment of benefits commencing before the effective date of

P.L.2019, c.37 (C.43:21-45.2 et al.), if the computation in paragraph (1) of this subsection

(j) yields a result which is less than the individual's average weekly earnings in employment

with all covered employers during the base weeks in such eight calendar weeks, then the

average weekly wage shall be computed on the basis of earnings from all covered employers

during the base weeks in the eight calendar weeks immediately preceding the week in which

the period of disability commenced, and, with respect to the payment of benefits commencing

on or after the effective date of P.L.2019, c.37 (C.43:21-45.2 et al.), if the computation in

paragraph (1) of this subsection (j) yields a result which is less than the individual's average

weekly earnings in employment with all covered employers during the base weeks in the base

year, then the average weekly wage shall be computed on the basis of earnings from all

covered employers during the base weeks in the base year immediately preceding the week

in which the period of disability commences, or in which the individual submits a claim for the

benefits pursuant to subsection h. of section 10 of P.L.2008, c.17 (C.43:21-39.1) or paragraph

(3) of subsection (a) of section 25 of P.L.1948, c.110 (C.43:21-49).

(3) For periods of disability commencing on or after July 1, 2009 and before the

effective date of P.L.2019, c.37 (C.43:21-45.2 et al.), if the computations in paragraphs (1)

and (2) of this subsection (j) both yield a result which is less than the individual's average

weekly earnings in employment with all covered employers during the base weeks in the 26

calendar weeks immediately preceding the week in which the period of disability commenced,

then the average weekly wage shall, upon a written request to the department by the

individual on a form provided by the department, be computed by the department on the

basis of earnings from all covered employers of the individual during the base weeks in those

26 calendar weeks, and, in the case of a claim for benefits from a private plan, that

computation of the average weekly wage shall be provided by the department to the individual

and the individual's employer.

When determining the "average weekly wage" with respect to a period of family

temporary disability leave for an individual who has a period of family temporary disability

immediately after the individual has a period of disability for the individual's own disability,

the period of disability is deemed to have commenced at the beginning of the period of

disability for the individual's own disability, not the period of family temporary disability.

(k) "Child" means a biological, adopted, or foster child, stepchild or legal ward of a

covered individual, child of a domestic partner of the covered individual, or child of a civil

union partner of the covered individual, including a child who becomes the child of a parent

pursuant to a valid written agreement between the parent and a gestational carrier.

(l) "Domestic partner" means a domestic partner as defined in section 3 of P.L.2003,

c.246 (C.26:8A-3).

(m) "Civil union" means a civil union as defined in section 2 of P.L.2006, c.103

(C.37:1-29).

(n) "Family member" means a sibling, grandparent, grandchild, child, spouse,

domestic partner, civil union partner, parent-in-law, or parent of a covered individual, or any

other individual related by blood to the employee, and any other individual that the employee

shows to have a close association with the employee which is the equivalent of a family

relationship.

(o) "Family temporary disability leave" means leave taken by a covered individual

from work with an employer to:

(1) participate in the providing of care, as defined in the "Family Leave Act," P.L.1989,

c.261 (C.34:11B-1 et seq.) and regulations adopted pursuant to that act, for a family member

of the individual made necessary by a serious health condition of the family member;

(2) be with a child during the first 12 months after the child's birth, if the individual,

or the domestic partner or civil union partner of the individual, is a biological parent of the

child, or is a parent of the child pursuant to a valid gestational carrier agreement, or the first

12 months after the placement of the child for adoption or as a foster child with the individual;

(3) engage in activities for which unpaid leave may be taken pursuant to section 3 of

the "New Jersey Security and Financial Empowerment Act," P.L.2013, c.82 (C.34:11C-3), on

the individual's own behalf, if the individual is a victim of an incident of domestic violence, a

sexually violent offense, or to assist a family member of the individual who has been a victim

of an incident of domestic violence, or a sexually violent offense, provided that any time taken

by an individual who has been a victim of an incident of domestic violence, or a sexually

violent offense for which the individual receives benefits for a disability caused by the violence

or offense shall be regarded as a period of disability of the individual and not as a period of

family temporary disability leave; or

(4) in the event of a state of emergency declared by the Governor, or when indicated

to be needed by the Commissioner of Health or other public health authority, an epidemic of

a communicable disease, a known or suspected exposure to the communicable disease, or

efforts to prevent spread of the communicable disease, provide in-home care or treatment of

the family member of the employee required due to:

(i) the issuance by a healthcare provider or the commissioner or other public health

authority of a determination that the presence in the community of the family member may

jeopardize the health of others; and

(ii) the recommendation, direction, or order of the provider or authority that the

family member be isolated or quarantined as a result of suspected exposure to a

communicable disease.

"Family temporary disability leave" does not include any period of time in which a

covered individual is paid benefits pursuant to P.L.1948, c.110 (C.43:21-25 et al.) because

the individual is unable to perform the duties of the individual's employment due to the

individual's own disability.

(p) "Health care provider" means a health care provider as defined in the "Family

Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), and any regulations adopted pursuant to

that act.

(q) "Parent of a covered individual" means a biological parent, foster parent, adoptive

parent, or stepparent of the covered individual or a person who was a legal guardian of the

covered individual when the covered individual was a child, or who became the parent of the

covered individual pursuant to a valid written agreement between the parent and a gestational

carrier.

(r) "Placement for adoption" means the time when a covered individual adopts a child

or becomes responsible for a child pending adoption by the covered individual.

(s) "Serious health condition" means an illness, injury, impairment or physical or

mental condition which requires: inpatient care in a hospital, hospice, or residential medical

care facility; or continuing medical treatment or continuing supervision by a health care

provider.

(t) "12-month period" means, with respect to an individual who establishes a valid

claim for disability benefits during a period of family temporary disability leave, the 365

consecutive days that begin with the first day that the individual first establishes the claim.

(u) "State of emergency" means a natural or man-made disaster or emergency for

which a state of emergency has been declared by the President of the United States or the

Governor, or for which a state of emergency has been declared by a municipal emergency

management coordinator.

(v) "Base year" with respect to benefit years commencing on or after the effective

date of P.L.2019, c.37 (C.43:21-45.2 et al.), means the first four of the last five completed

calendar quarters immediately preceding the period of disability, except that, if the individual

does not have sufficient qualifying weeks or wages in the individual's base year to qualify for

benefits, the individual shall have the option of designating that the individual's base year

shall be the "alternative base year," which means the last four completed calendar quarters

immediately preceding the period of disability; and except that if the individual also does not

have sufficient qualifying weeks or wages in the last four completed calendar quarters

immediately preceding the period of disability, "alternative base year" means the last three

completed calendar quarters immediately preceding the individual's benefit year and, of the

calendar quarter in which the period of disability commences, the portion of the quarter which

occurs before the commencing of the period of disability. The division shall inform the

individual of the individual's options under this subsection. If information regarding weeks

and wages for the calendar quarter or quarters immediately preceding the period of disability

is not available to the division from the regular quarterly reports of wage information and the

division is not able to obtain the information using other means pursuant to State or federal

law, the division may base the determination of eligibility for benefits on the affidavit of an

individual with respect to weeks and wages for that calendar quarter. The individual shall

furnish payroll documentation, if available, in support of the affidavit. A determination of

benefits based on an alternative base year shall be adjusted when the quarterly report of

wage information from the employer is received if that information causes a change in the

determination.

HISTORY: L.1948, c.110, s.3; amended 1950, c.173, s.1; 1952, c.188, s.1; 1953, c.221,

s.1; 1971, c.346, s.13; 1980, c.18, s.2; 1981, c.349, s.1; 1984, c.104, s.1; 2001, c.17, s.3;

2008, c.17, s.2; 2012, c.45, s.125; 2013, c.221, s.3; 2018, c.128, s.1; 2019, c.37, s.8; 2020,

c.17, s.4; 2020, c.23, s.3.

43 :21-28. Coverage

All covered individuals shall be entitled on and after January first, one thousand nine

hundred and forty-nine, to the benefits provided under either a private plan or the State plan

of disability benefits, as hereinafter provided.

HISTORY: L.1948, c. 110, p. 588, s. 4.

43 :21-29. Compensable disability

(a) In the case of the disability of a covered individual, disability shall be compensable

subject to the limitations of P.L.1948, c.110 (C.43:21-25 et al.) if: the disability is the result

of the covered individual suffering an accident or sickness not arising out of and in the course

of the individual's employment or if so arising not compensable under the workers'

compensation law, R.S.34:15-1 et seq., including if the disability is the result of the donation

of any organ or bone marrow by the covered individual, and the disability results in the

individual's total inability to perform the duties of employment, except that an individual who

is otherwise eligible for benefits but only able to return to work on a reduced basis while

recovering from the disability may receive benefits pursuant to the provisions of subsection

(b) of section 16 of P.L.1948, c.110 (C.43:21-40).

(b) In the case of an individual taking family temporary disability leave, the leave

shall be compensable subject to the limitations of P.L.2008, c.17 (C.43:21-39.1 et al.).

needed by the Commissioner of Health or other public health authority, family temporary

disability leave also includes leave taken for an illness caused by an epidemic of a

communicable disease, a known or suspected exposure to a communicable disease, or efforts

to prevent spread of a communicable disease, which requires in-home care or treatment of

the family member of the employee due to:

(1) the issuance by a healthcare provider or the commissioner or other public health

authority of a determination that the presence in the community of the family member may

jeopardize the health of others; and

(2) the recommendation, direction, or order of the provider or authority that the

family member be isolated or quarantined as a result of suspected exposure to a

communicable disease.

(d) During a state of emergency declared by the Governor, or when indicated to be

needed by the Commissioner of Health or other public health authority, disability also includes

illness caused by an epidemic of a communicable disease, a known or suspected exposure to

a communicable disease, or efforts to prevent spread of a communicable disease, which

requires in-home care or treatment of the employee due to:

(1) the issuance by a healthcare provider or the commissioner or other public health

authority of a determination that the presence in the community of the employee may

jeopardize the health of others; and

(2) the recommendation, direction, or order of the provider or authority that the

employee be isolated or quarantined as a result of suspected exposure to a communicable

disease.

HISTORY: L.1948, c.110, s.5; amended 1961, c.43, s.10; 1980, c.90, s.13; 2008, c.17, s.3;

2019, c.126, s.1; 2019, c.464, s.1; 2020, c.17, s.5; 2020, c.23, s.4.

43:21-29.1. Repealed by L. 1967, c. 30 § 11, eff. April 24, 1967; L. 1967, c. 286 §

14, eff. Jan. 23, 1968.

43:21-29.2 Rights of employees who are organ, bone marrow donors.

3. For a period of disability which is the result of donating any organ or bone marrow

under section 5 of P.L.1948, c.110 (C.43:21-29), a covered individual shall, after the period

of disability ends, be entitled to be restored by the individual's employer to the position of

employment held by the individual when the period of disability commenced or to an

equivalent position of like seniority, status, employment benefits, pay, and other terms and

conditions of employment. If during the period of disability which is the result of donating

any organ or bone marrow, the employer experiences a reduction in force or layoff and the

covered individual would have lost the position of employment had the individual not

experienced the period of disability, as a result of the reduction in force or pursuant to the

good faith operation of a bona fide layoff and recall system, including a system under a

collective bargaining agreement where applicable, the individual shall not be entitled to

reinstatement to the former or an equivalent position. The covered individual shall retain all

rights under any applicable layoff and recall system, including a system under a collective

bargaining agreement, as if the individual had not experienced the period of disability.

L.2019, c.464, s.3.

43 :21-30. Nonduplication of benefits, exceptions, certain

(a) No benefits shall be required or paid under this act for any period with respect to

which benefits are paid or payable under any unemployment compensation or similar law, or

under any disability or cash sickness benefit or similar law, of this State or of any other state

or of the federal government, except that:

(1) If a claimant is otherwise eligible for benefits under P.L.1948, c.110 (C.43:21-25

et seq.) and benefits are also paid or payable to the claimant under a disability benefit law of

another state, the claimant shall be paid the benefits provided by P.L.1948, c.110 (C.43:21-

25 et seq.), reduced by the amount paid concurrently under the provisions of the other state's

law; and

(2) If a claimant is otherwise eligible for benefits under P.L.1948, c.110 (C.43:21-25

et seq.) and benefits are also paid or payable to the claimant under a disability or cash

sickness program known as maintenance and cure as provided under the federal maritime

law commonly referred to as the Jones Act, the claimant shall be paid the benefits provided

by P.L.1948, c.110 (C.43:21-25 et seq.), reduced by the amount paid concurrently under the

provisions of the maintenance and cure program.

(b) No benefits shall be required or paid under this act for any period with respect to

which benefits, other than benefits for permanent partial or permanent total disability

previously incurred, are paid or payable on account of the disability of the covered individual

under any workers' compensation law, occupational disease law, or similar legislation, of this

State or of any other state or the federal government, except that:

(1) Where a claimant's claim for compensation for temporary disability, under the

provisions of subsection a. of R.S.34:15-12, is contested, and thereby delayed, and such

claimant is otherwise eligible for benefits under this chapter, said claimant shall be paid the

benefits provided by this chapter until and unless said claimant receives compensation under

the provisions of subsection a. of R.S.34:15-12;

(2) In the event that workers' compensation benefits, other than benefits for

permanent partial or permanent total disability previously incurred, are subsequently awarded

for weeks with respect to which the claimant has received disability benefits pursuant to this

act, the State fund, or the private plan, as the case may be, shall be entitled to be subrogated

to such claimant's rights in such award to the extent of the amount of disability payments

made hereunder; and

(3) If there has been a settlement of a workers' compensation claim pursuant to

R.S.34:15-20 in an amount less than that to which the claimant would otherwise be entitled

as disability benefits under the "Temporary Disability Benefits Law," P.L.1948, c.110

(C.43:21-25 et seq.), for the same illness or injury, the claimant shall be entitled to disability

benefits for the period of disability, reduced by the amount from the settlement received by

the claimant under R.S.34:15-20. The State fund or a private plan seeking to recover any

amount of disability benefit payments from a workers' compensation award shall be required

to demonstrate that the recovery is in compliance with the provisions of this section.

Law," P.L.1948, c.110 (C.43:21-25 et seq.) shall be reduced by the amount paid concurrently

under any governmental or private retirement, pension or permanent disability benefit or

allowance program to which his most recent employer contributed on his behalf.

HISTORY: L.1948, c.110, s.6; amended 1952, c.190; 1967, c.306; 2000, c.105; 2001,

c.329; 2005, c.337.

43 :21-30.1. Notice of unemployment compensation, conditions

The Division of Unemployment and Temporary Disability Insurance shall provide notice

to each individual receiving compensation under the provisions of the "Temporary Disability

Benefits Law," P.L.1948, c.110 (C.43:21-25 et seq.) explaining the conditions under which

the individual may receive unemployment compensation pursuant to this 1991 amendatory

and supplementary act.

HISTORY: L.1991, c.486, s.2

43 :21-31. Certain individuals excepted

Any person who adheres to the faith or teachings of any church, sect, or denomination,

and who in accordance with its creed, tenets, or principles depends for healing upon prayer

or spiritual means, in the practice of religion, shall be exempt from this act upon filing with

the commission and with his employer a statement, in such form as the commission shall by

regulation prescribe, waiving any and all benefits under this act. Such person shall thereupon

be exempt from the provisions of this act, including any obligation to make contributions

hereunder and any right to receive benefits hereunder.

HISTORY: L.1948, c. 110, p. 589, s. 7.

ARTICLE II – PRIVATE PLANS

43 :21-32. Establishment of private plans

Any covered employer may establish a private plan for the payment of disability

benefits in lieu of the benefits of the State plan hereinafter established. Benefits under such

a private plan may be provided by a contract of insurance issued by an insurer duly authorized

and admitted to do business in this State, or by an agreement between the employer and a

union or association representing his employees, or by a specific undertaking by the employer

as a self-insurer. Subject to the insurance laws of this State, such a contract of insurance

may be between the insurer and the employer; or may be between the insurer and two or

more employers, acting for the purpose through a nominee, designee or trustee; or may be

between the insurer and the union or association with which the employer has an agreement

with respect thereto. Each such private plan shall be submitted in detail to the Division of

Employment Security and shall be approved by the division, to take effect as of the first day

of the calendar quarter next following, or as of an earlier date if requested by the employer

and approved by the Division of Employment Security, if it finds that:

(a) all of the employees of the employer are to be covered under the provisions of

such plan with respect to any disability commencing after the effective date of such plan,

except as otherwise provided in this section; and

(b) eligibility requirements for benefits are no more restrictive than as provided in

this act for benefits payable by the State plan; and

equal to the weekly benefit amount payable by the State plan, taking into consideration any

coverage with respect to concurrent employment by another employer, and the total number

of weeks of disability for which benefits are payable under such plan is at least equal to the

total number of weeks for which benefits would have been payable by the State plan; and

(d) no greater amount is required to be paid by employees toward the cost of benefits

than that prescribed by law as the amount of worker contribution to the State disability

benefits fund for covered individuals under the State plan; and

(e) coverage is continued under the plan while an employee remains a covered

individual as defined in section three of this act, but not after the employee may become

employed by another employer following termination of employment to which the plan

relates;

f) if the employees are subject to the provisions of a collective bargaining agreement,

a majority of the employees to be covered by the plan have or shall have agreed to the plan

prior to the effective date thereof, if employees are required to contribute to the cost of the

private plan and the collective bargaining agreement does not expressly waive the employees'

right to a majority election as a condition for the private plan, as provided in section 9 of

P.L.1948, c.110 (C.43:21-33).

Subject to the approval of the Division of Employment Security, any such private plan

may exclude a class or classes of employees, except a class or classes determined by the age,

sex or race of the employees, or by the wages paid such employees, the exclusion of which,

in the opinion of the division, will result in a substantial selection of risk averse to the State

plan. Covered individuals so excluded shall be covered by the State plan and subject to the

employee contribution required by law to be paid into the State disability benefits fund.

Notice, in a form approved by the director, of the benefits provided by the private plan

shall be furnished to the covered employees by the employer by a conspicuous and continuing

posting at the place of employment, and by personal notice to each employee at the time of

the establishment of the private plan, at any subsequent time of hire, and within three

business days of when the employer knows or should know that the employee may have a

need for disability benefits or family temporary disability benefits. This notice shall reflect

current rates, eligibility requirements, benefit entitlements, and rights of the employees under

a private plan pursuant to the provisions of P.L.1948, c.110 (C.43:21-25 et seq.), including

appeal rights to the division, and shall include contact information for the private plan and

instructions as to how to file for benefits with the private plan.

The division shall permit any application for approval by the division of a private plan

to be submitted to the division by means of electronic communication, and permit the use of

an electronic signature for any signature required in the application, as the term electronic

signature is defined in section 2 of P.L.2001, c.116 (C.12A:12-2).

HISTORY: L.1948, c.110, s.8; amended 1950, c.173, s.2; 1953, c.426; 2019, c.37, s.9.

43 :21-33. Election of employees; deduction of contributions

If employees who are subject to the provisions of a collective bargaining agreement

are to be required to contribute toward the cost of benefits under a private plan, such plan

shall not become effective unless prior to the effective date a majority of the employees in

the class or classes to be covered thereby have agreed thereto by written election, unless the

collective bargaining agreement expressly waives the employees' right to a majority election

as a condition for the private plan. In the case of employees not subject to a collective

bargaining agreement, no employee consent or written election is required for the withdrawal

from the State plan or the establishment of a private plan. Whether or not an election is

required, the employer may during the continuance of the approved private plan collect the

required contributions thereto by deduction from the wages paid to covered individuals under

such plan, which deduction may be combined with that deduction required by Revised

Statutes, section 43 :21-7(d)(1) if reasonable notice is given covered individuals concerning

such combined deduction by the employer; provided, that if any employer fails to deduct the

contributions of any of his employees at the time their wages are paid, or fails to make a

deduction therefor at the time wages are paid for the next succeeding payroll period, he may

not thereafter collect a contribution with respect to such wages previously paid. Written

elections held pursuant to this section may be conducted by electronic communications

evidenced by the electronic signature of the employee, as the term electronic signature is

defined in section 2 of P.L.2001, c.116 (C.12A:12-2), but shall not be conducted in a manner

inconsistent with any applicable terms of a collective bargaining agreement.

A covered individual shall not be entitled to any benefits from the State disability

benefits fund with respect to any period of disability commencing while he is covered under

an approved private plan.

HISTORY: L.1948, c.110, s.9; amended 1950, c.173, s.3; 2019, c.37, s.10.

43 :21-34. Existing plans

If upon the effective date of this act a covered employer has in effect a plan for the

payment of cash disability benefits to his employees or to any class or classes thereof, or has

in effect an agreement with a union or association whereby there is in effect a plan for the

payment of cash disability benefits to his employees or to any class or classes thereof (and

to the cost of which plan the employer is obligated to contribute,) such plan shall, regardless

of the requirements of this article, be deemed to be an approved private plan until the earliest

date upon which the employer shall have the right to modify the benefits of or discontinue

such plan, or to discontinue contributions toward the cost thereof. In such case the employer

shall notify the commission of the circumstances. During the continuance of such private plan

the employees covered thereunder shall not be entitled to any benefits under the State plan

with respect to any period of disability commencing while they are covered under such private

plan. If any such private plan covers only a class or classes of covered individuals, the

employer may affect another private plan for his remaining employees or for a class or classes

of them, subject to the requirements and limitations of section eight.

HISTORY: L.1948, c. 110, p. 592, s. 10.

43 :21-35. Termination of private plans

If the division is furnished satisfactory evidence that a majority of the employees

covered by an approved private plan have made election in writing to discontinue such plan,

the division shall withdraw its approval of such plan effective at the end of the calendar quarter

next succeeding that in which such evidence is furnished. Upon receipt of a petition therefor

signed by not less than 10% of the employees covered by an approved private plan, the

division shall require the employer upon 30 days' written notice to conduct an election by

ballot in writing to determine whether or not a majority of the employees covered by such

private plan favor discontinuance thereof; provided, that such election shall not be required

more often than once in any 12-month period.

(b) Unless sooner permitted, for cause, by the division, no approved private plan

shall be terminated by an employer, in whole or in part, until at least 30 days after written

notice of intention so to do has been given by the employer to the division and after notices

are conspicuously posted so as reasonably to assure their being seen, or after individual

notices are given to the employees concerned.

private plan if it finds that there is danger that the benefits accrued or to accrue will not be

paid, that the security for such payment is insufficient, or for other good cause shown. No

employer, and no union or association representing employees, shall so administer or apply

the provisions of an approved private plan as to derive any profit therefrom. The division may

withdraw its approval from any private plan which is administered or applied in violation of

this provision.

(d) No termination of an approved private plan shall affect the payment of benefits,

in accordance with the provisions of the plan, to employees whose period of disability

commenced prior to the date of termination. Employees who have ceased to be covered by

an approved private plan because of its termination shall, subject to the limitations and

restrictions of this act, become eligible forthwith for benefits from the State Disability Benefits

Fund for a period of disability commencing after such cessation, and contributions with respect

to their wages shall immediately become payable as otherwise provided by law. Any

withdrawal of approval of a private plan pursuant to this section shall be reviewable by writ

of certiorari or by such other procedure as may be provided by law. With respect to a period

of family temporary disability leave immediately after the individual has a period of disability

during the individual's own disability, the period of disability is deemed, for the purposes of

determining whether the period of disability commenced prior to the date of the termination,

to have commenced at the beginning of the period of disability during the individual's own

disability, not the period of family temporary disability leave.

(e) Anything in this act to the contrary notwithstanding, a covered employer who,

under an approved private plan, is providing benefits at least equal to those required by the

State plan, may modify the benefits under the private plan so as to provide benefits not less

than the benefits required by the State plan. Individuals covered under a private plan shall

not be required to contribute to the plan at a rate exceeding 3/4 of 1% of the amount of

"wages" established for any calendar year under the provisions of R.S.43:21-7(b) prior to

January 1, 1975, and 1/2 of 1% for calendar years beginning on or after January 1, 1975 and

before January 1, 2009. For a calendar year beginning on or after January 1, 2009 and before

January 1, 2012: an employer providing a private plan only for benefits for employees during

their own disabilities may require the employees to contribute to the plan at a rate not

exceeding 0.5% of the amount of "wages" established for the calendar year under the

provisions of R.S.43:21-7(b); an employer providing a private plan only for benefits for

employees during periods of family temporary disability may require the individuals covered

by the private plan to contribute an amount not exceeding the amount the individuals would

pay pursuant to R.S.43:21-7(d)(1)(G)(ii); an employer providing a private plan both for

benefits for employees during their own disabilities and for benefits during periods of family

temporary disability may require the employees to contribute to the plan at a rate not

exceeding 0.5% of the amount of "wages" established for the calendar year under the

provisions of R.S.43:21-7(b) plus an additional amount not exceeding the amount the

individuals would pay pursuant to R.S.43:21-7(d)(1)(G)(ii). For a calendar year beginning

on or after January 1, 2012: an employer providing a private plan only for benefits for

employees during their own disabilities may require the employees to contribute to the plan

at a rate not exceeding the amount the individuals would pay pursuant to R.S.43:21-

7(d)(1)(G)(i); an employer providing a private plan only for benefits for employees during

periods of family temporary disability may require the individuals covered by the private plan

to contribute an amount not exceeding the amount the individuals would pay pursuant to

R.S.43:21-7(d)(1)(G)(ii); an employer providing a private plan both for benefits for

employees during their own disabilities and for benefits during periods of family temporary

disability may require the employees to contribute to the plan an amount not exceeding the

amount the individuals would pay pursuant to R.S.43:21-7(d)(1)(G)(i) and R.S.43:21-

7(d)(1)(G)(ii). Notification of the proposed modification shall be given by the employer to

the division and to the individuals covered under the plan.

HISTORY: L.1948, c.110, s.11; amended 1952, c.188, s.2; 1971, c.346, s.14; 1974, c.86,

s.8; 2008, c.17, s.4; 2011, c.88, s.2

43 :21-36. Additional benefits

Nothing in this act shall be construed to prohibit the establishment by an employer,

without approval, of a supplementary plan or plans providing for the payment to employees,

or to any class or classes thereof, of benefits in addition to the benefits of an approved private

plan, or to prohibit the collection or receipt of additional voluntary contributions from

employees toward the cost of such additional benefits. The rights, duties and responsibilities

of all interested parties under such supplementary plans shall be unaffected by any provision

of this act.

HISTORY: L.1948, c. 110, p. 594, s. 12.

ARTICLE III – STATE PLAN

43 :21-37. Persons entitled to benefits

Any covered individual who on the date of the commencement of a period of disability

is not entitled to disability benefits under an approved private plan shall be entitled to

disability benefits as provided in this article, referred to in this act as the State plan.

HISTORY: L.1948, c. 110, p. 594, s. 13.

43 :21-38. Duration of benefits

a. With respect to any period of disability for an individual's own disability commencing

on or after January 1, 1953, disability benefits, not in excess of an individual's maximum

benefits, shall be payable with respect to disability which commences while a person is a

covered individual under the Temporary Disability Benefits Law, and shall be payable with

respect to the eighth consecutive day of such disability and each day thereafter that such

period of disability continues; and if benefits shall be payable for three consecutive weeks

with respect to any period of disability commencing on or after January 1, 1968, then benefits

shall also be payable with respect to the first seven days thereof. With respect to any period

of disability for an individual's own disability commencing on or after the effective date of

P.L.2020, c.17 the disability benefits shall be payable with respect to the first day of the

disability, if the disability is as described in subsection (d) of section 5 of P.L.1948, c.110

(C.43:21-29), or is for leave as described in subsection (c) of section 5 of P.L.1948, c.110

(C.43:21-29).

b. With respect to any period of family temporary disability leave commencing on or

after July 1, 2009 and while an individual is a covered individual, family temporary disability

benefits, not in excess of the individual's maximum benefits, shall be payable with respect to

the first day of leave taken after the first one-week period following the commencement of

the period of family temporary disability leave and each subsequent day of leave during that

period of family temporary disability leave; and if benefits become payable on any day after

the first three weeks in which leave is taken, then benefits shall also be payable with respect

to any leave taken during the first one-week period in which leave is taken. With respect to

any period of family temporary disability leave commencing on or after July 1, 2019 and while

an individual is a covered individual, family temporary disability benefits, not in excess of the

individual's maximum benefits, shall be payable with respect to the first day of leave taken

upon the commencement of the period of family temporary disability leave and each

subsequent day of leave during that period of family temporary disability leave. The

maximum total benefits payable to any eligible individual for any period of disability of the

individual commencing on or after January 1, 1968, shall be either 26 times his weekly benefit

amount or 1/3 of his total wages in his base year, whichever is the lesser; provided that such

maximum amount shall be computed in the next lower multiple of $1.00 if not already a

multiple thereof. The maximum total benefits payable to any eligible individual for any period

of family temporary disability leave commencing on or after July 1, 2009 and before July 1,

2020, shall be six times the individual's weekly benefit amount or 1/3 of his total wages in

his base year, whichever is the lesser; provided that the maximum amount shall be computed

in the next lower multiple of $1.00, if not already a multiple thereof. The maximum total

benefits payable to any eligible individual for any period of family temporary disability leave

commencing on or after July 1, 2020, shall be twelve times the individual's weekly benefit

amount; provided that the maximum amount shall be computed in the next lower multiple of

$1.00, if not already a multiple thereof.

HISTORY: L. 1948, c. 110, p. 594, § 14. Amended 1951, c.54; 1952, c.188, s.3; 1967, c.30, s.8;

1984, c.104, s.2; 2008, c.17, s.5; 2019, c.37, s.11; 2020, c.17, s.6; 2020, c.23, s.5.

43 :21-39. Limitation of benefits

Notwithstanding any other provision of the "Temporary Disability Benefits Law,"

P.L.1948, c.110 (C.43:21-25 et al.), no benefits shall be payable under the State plan to any

individual:

(a) for the first seven consecutive days of each period of disability; except that:

(1) if benefits shall be payable for three consecutive weeks with respect to any period

of disability, then benefits shall also be payable with respect to the first seven days thereof;

(2) (Deleted by amendment, P.L.2019, c.37)

(3) in the case of an individual taking family temporary disability leave, there shall

be no waiting period;

(4) if the benefits shall be payable for a period of disability which is the result of the

donation of any organ or bone marrow by the covered individual, then benefits shall be

payable with respect to the first seven days thereof; and

(5) the seven-day waiting period shall not apply to benefits for a period of disability

if the disability is as described in subsection (d) of section 5 of P.L.1948, c.110 (C.43:21-29),

or is for leave as described in subsection (c) of section 5 of P.L.1948, c.110 (C.43:21-29);

(b) (1) for more than 26 weeks with respect to any one period of disability of the

individual;

(2) for more than six weeks with respect to any one period of family temporary

disability leave commencing before July 1, 2020 and more than 12 weeks if the period of

leave commences on or after July 1, 2020, or for more than 42 days with respect to any one

period of family temporary disability leave commencing before July 1, 2020 and more than

56 days if the period of leave commences on or after July 1, 2020, and is taken on an

intermittent basis; and

(3) for more than six weeks of family temporary disability leave during any 12-month

period commencing before July 1, 2020 and more than 12 weeks for any 12-month period

commencing on or after July 1, 2020, or for more than 42 days of family temporary disability

leave taken during any 12-month period commencing before July 1, 2020 and more than 56

days if the period of leave commences on or after July 1, 2020, on an intermittent basis,

including family temporary disability leave taken pursuant to R.S.43:21-4(f)(2) while

unemployed;

covered individual;

(d) for any period of disability of a claimant during which the claimant is not under

the care of a legally licensed physician, dentist, optometrist, podiatrist, practicing

psychologist, advanced practice nurse, certified nurse midwife, or chiropractor, who, when

requested by the division, shall certify within the scope of the practitioner's practice, the

disability of the claimant, the probable duration thereof, and, where applicable, the medical

facts within the practitioner's knowledge or for any period of family temporary disability leave

for a serious health condition of a family member of the claimant, during which the family

member is not receiving inpatient care in a hospital, hospice, or residential medical care

facility or is not subject to continuing medical treatment or continuing supervision by a health

care provider, who, when requested by the division, shall certify within the scope of the

provider's practice, the serious health condition of the family member, the probable duration

thereof, and, where applicable, the medical facts within the provider's knowledge;

(e) (Deleted by amendment, P.L.1980, c.90.)

(f) for any period of disability due to willfully and intentionally self-inflicted injury, or

to injury sustained in the perpetration by the claimant of a crime of the first, second, third,

or fourth degree, or for any period during which a covered individual would be disqualified for

unemployment compensation benefits for gross misconduct under subsection (b) of

R.S.43:21-5;

(g) for any period during which the claimant performs any work for remuneration or

profit, except that, in a case of a claim for benefits for a period of family temporary disability

on or after July 1, 2020 in which the covered individual has more than one employer, the

individual shall have the option of claiming benefits for leave taken from one employer, based

on wages paid by that employer, on the condition that the individual does not, during the

period for which the benefits are paid, increase the amount of employment time with any one

employer;

(h) in a weekly amount which together with any remuneration the claimant continues

to receive from the employer would exceed regular weekly wages immediately prior to

disability;

(i) for any period during which a covered individual would be disqualified for

unemployment compensation benefits under subsection (d) of R.S.43:21-5, unless the

disability commenced prior to such disqualification;

(j) for any period during which the claimant receives any paid sick leave, vacation

time or other leave at full pay from the employer of the individual; and there shall be no other

cause of disqualification or ineligibility to receive disability benefits hereunder except as may

be specifically provided in P.L.1948, c.110 (C.43:21-25 et al.).

HISTORY: L.1948, c.110, s.15; amended 1961, c.43, s.11; 1967, c.30, s.9; 1980, c.90, s.14;

1983, c.47; 1989, c.213, s.2; 2004, c.168, s.2; 2007, c.322; 2008, c.17, s.6; 2009, c.114,

s.1; 2019, c.37, s.12; 2019, c.464, s.2; 2020, c.17, s.7; 2020, c.23, s.6.

43 :21-39.1. Compensation for family temporary disability leave; conditions

a. Family temporary disability leave shall be compensable subject to the limitations

of P.L.2008, c.17 (C.43:21-39.1 et al.) for any period of family temporary disability leave

taken by a covered individual which commences after June 30, 2009.

b. An individual shall not simultaneously receive disability benefits for family

temporary disability leave and any other disability benefits pursuant to P.L.1948, c.110

(C.43:21-25 et al.) or any unemployment compensation, or any paid sick leave, vacation time

or other leave at full pay from the employer of the individual.

c. The employer of an individual may, notwithstanding any other provision of law,

including the provisions of N.J.S.18A:30-1 et seq., permit the individual, during a period of

family temporary disability leave, to use any paid sick leave, vacation time or other leave at

full pay made available by the employer before the individual uses disability benefits for family

temporary disability leave pursuant to P.L.2008, c.17 (C.43:21-39.1 et al.). Nothing in

P.L.2008, c.17 (C.43:21-39.1 et al.) shall be construed as nullifying any provision of an

existing collective bargaining agreement or employer policy, or preventing any new provision

of a collective bargaining agreement or employer policy, which provides employees more

generous leave or gives employees greater rights to select which kind of leave is used or

select the order in which the different kinds of leave are used. Nothing in P.L.2008, c.17

(C.43:21-39.1 et al.) shall be construed as preventing an employer from providing more

generous benefits than are provided under P.L.2008, c.17 (C.43:21-39.1 et al.) or providing

benefits which supplement the benefits provided under P.L.2008, c.17 (C.43:21-39.1 et al.)

for some or all of the employer's employees.

d. An individual who is entitled to leave under the provisions of the "Family Leave

Act," P.L.1989, c.261 (C.34:11B-1 et seq.) or the federal "Family and Medical Leave Act of

1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.), shall take any benefits provided for family

temporary disability leave pursuant to P.L.2008, c.17 (C.43:21-39.1 et al.) concurrently with

leave taken pursuant to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) or the

federal "Family and Medical Leave Act of 1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.).

Nothing in P.L.2008, c.17 (C.43:21-39.1 et al.) shall be construed to grant an employee any

entitlement to be restored by the employer to employment held by the employee prior to

taking family temporary disability leave or any right to take action against an employer who

refuses to restore the employee to employment after the leave. Nothing in P.L.2008, c.17

(C.43:21-39.1 et al.) shall be construed to increase, reduce or otherwise modify any

entitlement of an employee to return to employment or right of the employee to take action

under the provisions of the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.). If an

employee receives benefits for family temporary disability leave pursuant to P.L.2008, c.17

(C.43:21-39.1 et al.) with respect to employment with an employer who is not an employer

as defined in the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) and that employer

fails or refuses to restore the employee to employment after the period of family temporary

disability leave, that failure or refusal shall not be a wrongful discharge in violation of a clear

mandate of public policy, and the employee shall not have a cause of action against that

employer, in tort, or for breach of an implied provision of the employment agreement, or

under common law, for that failure or refusal.

e. An employee taking family temporary disability leave or an employer from whom

the employee is taking the leave shall have the same right to appeal a determination of a

benefit for the family temporary disability leave made under P.L.2008, c.17 (C.43:21-39.1 et

al.) as an employee or employer has to appeal a determination of a benefit for the disability

of the employee under the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25

et al.), and any regulations adopted pursuant to the "Temporary Disability Benefits Law,"

P.L.1948, c.110 (C.43:21-25 et al.).

f. In the event of a period of family temporary disability leave of any individual

covered under the State plan, the employer shall, not later than the ninth day of the period

of family temporary disability leave, or not later than the ninth day after the employee notifies

the employer of an anticipated period of family temporary disability leave pursuant to

subsection h. of this section, whichever comes first, including any time in which the employer

provides sick leave, vacation or other fully paid leave, issue to the individual and to the

division printed notices on division forms containing the name, address and Social Security

number of the individual, such wage information as the division may require to determine the

individual's eligibility for benefits, including any sick pay, vacation or other fully paid time off

provided by the employer during the period of family temporary disability leave, and the

name, address, and division identity number of the employer. Not later than 30 days after

the commencement of the period of family temporary disability leave for which the notice is

furnished by the employer, the individual shall furnish to the division a notice and claim for

family temporary disability leave benefits. Upon the submission of the notices by the

employer and the individual, and the commencement of the compensable portion of the family

temporary disability leave pursuant to P.L.2008, c.17 (C.43:21-39.1 et al.), the division may

issue benefit payments. In the case of family temporary disability leave taken to care for a

family member with a serious health condition, the benefits may be paid for periods not

exceeding three weeks pending the receipt of the certification required pursuant to subsection

b. of section 11 of P.L.2008, c.17 (C.43:21-39.2). Failure to furnish notice and certification

in the manner above provided shall not invalidate or reduce any claim if it shall be shown to

the satisfaction of the division not to have been reasonably possible to furnish the notice and

certification and that the notice and certification was furnished as soon as reasonably possible.

g. Each covered employer shall conspicuously post notification, in a place or places

accessible to all employees in each of the employer's workplaces, in a form issued by

regulation promulgated by the commissioner, of each covered employee's rights regarding

benefits payable pursuant to this section. The employer shall also provide each employee of

the employer with a written copy of the notification: (1) not later than 30 days after the form

of the notification is issued by regulation; (2) at the time of the employee's hiring, if the

employee is hired after the issuance; (3) whenever the employee notifies the employer that

the employee is taking time off for circumstances under which the employee is eligible for

benefits pursuant to this section; and (4) at any time, upon the first request of the employee.

h. With respect to any period of family temporary disability leave commencing on or

after October 4, 2019 if an individual knows in advance when the period will commence, the

individual may notify the employer of the anticipated period of family temporary disability

leave and submit to the division a claim for benefits for that period, which shall include a

statement of when the period will commence and any certification required pursuant to

subsection b. of section 11 of P.L.2008, c.17 (C.43:21-39.2), prior to, but not more than 60

days prior to, the date that the period will commence. The division shall process that claim

immediately and, upon finding that the claim is valid, shall pay the benefit upon the

commencement of the period of family temporary disability leave, except that if the division

receives the claim less than 30 days before the commencement of the period, the division

shall make the payment not more than 30 days after the receipt of the claim. The periods of

family temporary disability leave to which the provisions of this subsection apply shall include,

but not be limited to, any of the following if the commencement date of the leave is known in

advance: periods of leave for care of a child of the individual after adoption, the placement of

a child into foster care, or childbirth, including childbirth under a valid agreement between

the individual and a gestational carrier; periods of leave for scheduled medical procedures,

treatments, or appointments for a family member of the individual; and periods of leave for

scheduled ongoing care of a family member of the individual. If the individual did not establish

enough base weeks or have enough total earnings during the base year preceding the week

the individual submits the claim, the division shall notify the individual that the individual may

file the claim again upon or after the commencement of the period of family temporary

disability leave and the division shall then reconsider the individual's eligibility for benefits

based on the base year preceding the week in which the period of family temporary disability

leave commences.

HISTORY: L.2008, c.17, s.10; amended 2018, c.128, s.2; 2019, c.37, s.13.

43:21-39.2. Duration of family temporary disability leave; continuous or

intermittent; certification

a. In the case of a family member who has a serious health condition, the benefits for

family temporary disability leave may be taken intermittently when medically necessary, if:

the total time within which the leave is taken does not exceed 12 months; the covered

individual provides the employer with a copy of the certification required pursuant to

subsection b. of this section; the covered individual provides the employer with prior notice

of the leave not less than 15 days before the first day on which benefits are paid for the

intermittent leave, unless an emergency or other unforeseen circumstance precludes prior

notice; and the covered individual makes a reasonable effort to schedule the leave so as not

to unduly disrupt the operations of the employer and, if possible, provide the employer, prior

to the commencement of intermittent leave, with a regular schedule of the days or days of

the week on which the intermittent leave will be taken. In the case of family temporary

disability leave benefits to care for a family member with a serious health condition which are

taken on a continuous, non-intermittent basis, the covered individual shall: provide the

employer with prior notice of the leave in a reasonable and practicable manner, unless an

emergency or other unforeseen circumstance precludes prior notice; provide a copy of the

certification required pursuant to subsection b. of this section; make a reasonable effort to

schedule the leave so as not to unduly disrupt the operations of the employer.

b. Any period of family temporary disability leave for the serious health condition of

a family member of the covered individual shall be supported by certification provided by a

health care provider. The certification shall be sufficient if it states:

(1) The date, if known, on which the serious health condition commenced;

(2) The probable duration of the condition;

(3) The medical facts within the knowledge of the provider of the certification

regarding the condition;

(4) A statement that the serious health condition warrants the participation of the

covered individual in providing health care, as provided in the "Family Leave Act," P.L.1989,

c.261 (C.34:11B-1 et seq.) and regulations adopted pursuant to that act;

(5) An estimate of the amount of time that the covered individual is needed for

participation in the care of the family member;

(6) If the leave is intermittent, a statement of the medical necessity for the

intermittent leave and the expected duration of the intermittent leave; and

(7) If the leave is intermittent and for planned medical treatment, the dates of the

treatment.

c. A covered individual claiming benefits to provide care for a family member with a

serious health condition under the State plan or during unemployment shall, if requested by

the division, have the family member submit to an examination by a health care provider

designated by the division. The examinations shall not be more frequent than once a week,

shall be made without cost to the claimant and shall be held at a reasonable time and place.

Refusal of the family member to submit to an examination requested pursuant to this

subsection shall disqualify the claimant from all benefits for the period in question, except

from benefits already paid.

d. Any period of family temporary disability leave to engage in activities for which

unpaid leave may be taken pursuant to section 3 of the "New Jersey Security and Financial

Empowerment Act," P.L.2013, c.82 (C.34:11C-3), on the individual's own behalf, if the

individual is a victim of an incident of domestic violence or a sexually violent offense, or to

assist a family member of the individual who has been a victim of an incident of domestic

violence or a sexually violent offense, shall, if requested by the division, be supported with

certification provided to the division which meets the standards regarding sufficient

documentation specified by subsection c. of section 3 of P.L.2013, c.82 (C.34:11C-3), whether

or not the employer of the individual requires that documentation. Prior to taking the leave

provided for in this subsection, an employee shall, if the necessity for the leave is foreseeable,

and unless an emergency or other unforeseen circumstances precludes prior notice, provide

the employer with written notice of the need for the leave, which shall be provided to the

employer as far in advance as is reasonable and practical under the circumstances.

HISTORY: L.2008, c.17, s.11; amended 2019, c.37, s.14.

43:21-39.3. Payment of benefits for family temporary disability leave, continuous

or intermittent

a. (1) All of the disability benefits paid to a covered individual during a period of family

temporary disability leave with respect to any one birth, placement in foster care, or adoption

shall be for a single continuous period of time or during non-consecutive weeks or days on an

intermittent basis pursuant to paragraph (2) of this subsection, which shall be disclosed to

the division by the employer.

(2) In the case of intermittent benefits for family temporary disability leave with

respect to a birth, placement in foster care, or adoption, the covered individual shall provide

the employer with prior notice of the leave not less than 15 days before the first day on which

benefits are paid for the intermittent leave, unless an emergency or other unforeseen

circumstance precludes prior notice; and the covered individual makes a reasonable effort to

schedule the leave so as not to unduly disrupt the operations of the employer and, if possible,

provide the employer, prior to the commencement of intermittent leave, with a regular

schedule of the days or days of the week on which the intermittent leave will be taken.

b. In the case of single continuous benefits for family temporary disability leave with

respect to birth, placement in foster care, or adoption, the covered individual shall provide

the employer with prior notice of the leave not less than 30 days before the leave commences,

unless it commences while the individual is receiving unemployment benefits, in which case

the covered individual shall notify the division. The amount of benefits shall be reduced by

two weeks’ worth of benefits if the individual does not provide notice to an employer as

required by this subsection b., unless the time of the leave is unforeseeable or the time of the

leave changes for unforeseeable reasons.

c. Family temporary disability leave taken because of the birth or placement in foster

care or for adoption of a child may be taken at any time within a year after the date of the

birth or placement in foster care or for adoption.

HISTORY: L.2008, c.17, s.12; amended 2019, c.37, s.15.

43 :21-39.4. Availability of annual reports; contents

a. (1) The Commissioner of Labor and Workforce Development shall issue and make

available to the public, not later than December 31, 2010, and each subsequent year, annual

reports providing data on temporary disability benefits, and, for each annual report issued

not later than December 31 of 2019 and each subsequent year, all of the data required by

this paragraph (1) as amended by P.L.2018, c.123, including separate data for claims

involving pregnancy and childbirth, and family temporary disability benefits, including

separate data for each of the following categories of claims: care of newborn children; care

of newly adopted children; care of sick children; care of sick spouses, and care of other sick

family members. The reports shall include, for each category of claims, the occupations of

the workers receiving the benefits, the regular weekly wages earned by the workers receiving

the benefits, the number of workers receiving the benefits, the number of workers receiving

the benefits that work full-time, the number of workers receiving the benefits that work part-

time, the number of workers receiving the benefits that belong to a labor union or employee

organization, the number of employers employing each worker in the worker's base year, the

amount of benefits paid, the average duration of benefits, the average weekly benefit, the

county in which the employer is located, whether the employer is private or a governmental

entity, the employer size based on whether the employer employs less than 30 workers or

employs 30 or more workers, and, in the case of family temporary disability benefits, any

reported amount of sick leave, vacation or other fully paid time which resulted in reduced

benefit duration, and the number of workers claiming intermittent benefits. The report shall

provide data by: gender; race, ethnicity or national origin; level of educational attainment;

and by any other demographic factors determined to be relevant by the commissioner. The

reports shall also provide, for all temporary disability benefits and for all family temporary

disability benefits, the number of workers claiming both temporary disability benefits and

family temporary disability benefits in the same calendar year, the total costs of benefits and

the total cost of administration, the portion of benefits for claims during unemployment, and

the total revenues from: employer assessments, where applicable; employee assessments;

and other sources.

(2) For each of the reports issued not later than December 31 of 2019 and each

subsequent year, the report shall also provide the amount and rate of contributions, with the

amount of the tax base, made by employers, including, separately, the amounts paid by

employers with private plans, for benefits for periods of disability and periods of family

disability leave, and the amount and rate of contributions, with the amount of the tax base,

made by workers, and benefits paid to workers, including, separately, benefits paid to, and

contributions paid by, workers in private plans, for each of the following: benefits for periods

of disability, and benefits for periods of family temporary disability leave. The portion of the

report regarding private plans shall include: the number of claims received, the number of

claims accepted, the amount of benefits paid, the number of workers covered, the

administrative costs, and, in the case of private plans in which insurance companies assume

the liability for benefits, in addition to the foregoing, premiums earned, dividends to policy

holders, benefit losses, and expenses incurred, and in the case of private plans in which

insurance companies do not assume the liability for benefits, the amount contributed by

workers.

b. The commissioner may, in his discretion, conduct surveys and other research

regarding, and include in the annual reports descriptions and evaluations of, the impact and

potential future impact of the provisions of P.L.2008, c.17 (C.43:21-39.1 et al.) on the State

disability benefits fund, and other effects of those provisions, including the costs and benefits

resulting from the provisions of P.L.2008, c.17 (C.43:21-39.1 et al.) for:

(1) Employees and their families, including surveys and evaluations of: what portion

of the total number of employees taking leave would not have taken leave, or would have

taken less leave, without the availability of benefits; what portion of employees return to work

after receiving benefits and what portion are not permitted to return to work; and what portion

of employees who are eligible for benefits do not claim or receive them and why they do not;

(2) Employers, including benefits such as reduced training and other costs related to

reduced turnover of personnel, and increased affordability of family temporary disability leave

insurance through the State plan, with special attention given to small businesses; and

(3) The public, including savings caused by any reduction in the number of people

receiving public assistance.

c. The total amount of any expenses which the commissioner determines are

necessary to carry out his duties pursuant to this section shall be charged to the Family

Temporary Disability Leave Account of the State disability benefits fund, except that the

amount shall in no case exceed $150,000 during any fiscal year.

HISTORY: L.2008, c.17, s.13; amended 2018, c.123; 2019, c.37, s.16.

43:21-39.5 Temporary disability benefits, paid family leave benefits program;

applications.

1. a. Notwithstanding any provision of law to the contrary, when a covered individual

applies for temporary disability benefits for disability resulting from pregnancy or the birth

of a child, the plan administering the covered individual's benefits shall automatically

process an application for that individual for the paid family leave benefits program, unless

the individual affirmatively opts out of that program, such that the individual shall be

required to submit only one application for both programs. The application for benefits shall

be processed to allow the paid family leave benefits, if approved, to begin immediately

following the end of the temporary disability benefits, unless the individual notifies the plan

that the individual wants to postpone or opt out of the paid family leave benefits. A covered

individual who is approved for benefits under this section shall notify the plan administering

the covered individual's benefits of the date on which the covered individual will return to

work, and shall notify the plan administering the benefits if the covered individual returns to

work on an earlier date.

The provisions of this act shall apply to the State plan and a private plan which holds

temporary disability insurance and family leave insurance for the individual. A private plan

that offers only temporary disability benefits shall provide to its temporary disability

claimants written notice of the application process for family leave benefits concurrently

with issuing its written approval of temporary disability benefits. A private plan that offers

both temporary disability benefits and paid family leave benefits shall adopt procedures for

effectuating the provisions of this act, so individuals are only required to submit one

application for both temporary disability benefits and family leave benefits.

b. A covered individual who is approved for temporary disability benefits for disability

resulting from pregnancy shall be entitled to four weeks of benefits before the expected

delivery date and six weeks of benefits after the actual delivery date. The covered individual

shall recertify for benefits no later than two weeks following the actual delivery date, and

shall not be required to recertify at any other time during the benefit periods. A covered

individual shall receive a longer period of disability before the expected delivery date or

after the actual delivery date, if the covered individual provides the plan administering the

benefits with a certification from a health care provider that the longer period is necessary.

L.2018, c.122, s.1.

43 :21-40. Benefit rates, partial benefits

a. For periods of disability commencing on or after October 1, 1984, an individual's

weekly benefit rate shall be two-thirds of his average weekly wage, subject to a maximum of

53% of the Statewide average weekly remuneration paid to workers by employers, as

determined under subsection (c) of R.S.43:21-3, except as provided in subsection b. of this

section.

b. For periods of disability commencing on or after July 1, 2020, and for periods of

family temporary disability leave commencing on or after July 1, 2020, an individual's weekly

benefit rate shall be 85% of the individual's average weekly wage, subject to a maximum of

70% of the Statewide average weekly remuneration paid to workers by employers.

c. Each individual's benefit rate shall be computed to the next lower multiple of $1.00

if not already a multiple thereof. The amount of benefits for each day of disability for which

benefits are payable shall be one-seventh of the corresponding weekly benefit amount;

provided that the total benefits for a fractional part of a week shall be computed to the next

lower multiple of $1.00 if not already a multiple thereof.

d. For any week beginning on or after the effective date of P.L.2019, c.126, with

respect to a period of disability of an individual who is otherwise eligible for benefits but only

able to return to work on a reduced basis while recovering from the disability, the individual,

if permitted by the employer to return to work on the reduced basis, shall be paid an amount

of benefits with respect to that week such that the sum of the wages and those benefits paid

to the individual, rounded to the next lower multiple of $1.00, will equal the weekly benefit

amount the individual would have been paid if totally unable to perform the duties of

employment due to disability, provided that:

(1) The individual must have been totally unable to perform the duties of employment

due to disability and receiving full benefits for at least seven consecutive days prior to claiming

partial benefits under this subsection;

(2) The maximum duration of partial benefits paid pursuant to this subsection is eight

weeks, unless the division, after a review of medical documentation from a qualified

healthcare provider, approves in writing an extension beyond eight weeks, but in no case

shall the duration be extended to more than 12 weeks; and

(3) If the individual is able to return to work on a reduced basis but the employer is

unable or otherwise chooses not to permit the individual to do so, the individual will continue

to be eligible for benefits until the individual is fully recovered from the disability and able to

perform the duties of employment, but nothing in this subsection shall be construed as

increasing the total number of weeks of disability benefits for which the individual is eligible.

For the purposes of this section, "qualified healthcare provider" means a legally

licensed physician, dentist, podiatrist, chiropractor, certified nurse midwife, advanced practice

nurse or public health nurse designated by the division.

HISTORY: L.1948, c.110, s.16; amended 1950, c.173, s.4; 1952, c.188, s.4; 1955, c.202;

1961, c.43, s.12; 1967, c.30, s.10; 1984, c.24, s.19; 1984, c.104, s.3; 2019, c.37, s.17;

2019, c.126, s.2.

43 :21-41. Entitlement for disability benefits

(a) (Deleted by amendment, P.L.1975, c.355.)

(b) (Deleted by amendment, P.L.2001, c.17).

(d) (1) (Deleted by amendment, P.L.2008, c.17).

(2) With respect to periods of disability commencing on or after January 1, 2001 and

before the effective date of P.L.2019, c.37 (C.43:21-45.2 et al.), no individual shall be entitled

to benefits under this act unless the individual has, within the 52 calendar weeks preceding

the week in which the individual's period of disability commenced, established at least 20

base weeks or earned not less than 1,000 times the minimum wage in effect pursuant to

section 5 of P.L.1966, c.113 (C.34:11-56a4) on October 1 of the calendar year preceding the

calendar year in which the disability commences, which amount shall be adjusted to the next

higher multiple of $100.00, if not already a multiple thereof.

(3) With respect to periods of disability commencing on or after the effective date of

P.L.2019, c.37 (C.43:21-45.2 et al.), no individual shall be entitled to benefits under this act

unless the individual has, within the base year preceding the week in which the individual's

period of disability commenced, or within the base year preceding the week in which the

individual submits a claim for benefits pursuant to subsection h. of section 10 of P.L.2008,

c.17 (C.43:21-39.1) or paragraph (3) of subsection (a) of section 25 of P.L.1948, c.110

(C.43:21-49), established at least 20 base weeks or earned not less than 1,000 times the

minimum wage in effect pursuant to section 5 of P.L.1966, c.113 (C.34:11-56a4) on October

1 of the calendar year preceding the calendar year in which the disability commences, which

amount shall be adjusted to the next higher multiple of $100.00, if not already a multiple

thereof.

If an individual who submits a claim for benefits pursuant to subsection h. of section

10 of P.L.2008, c.17 (C.43:21-39.1) or paragraph (3) of subsection (a) of section 25 of

P.L.1948, c.110 (C.43:21-49) did not establish enough base weeks or have enough total

earnings during the base year preceding the week the individual submits the claim, the

division shall notify the individual that the individual may file the claim again upon or after

the commencement of the period of disability or family temporary disability leave and the

division shall then reconsider the individual's eligibility for benefits based on the base year

preceding the week in which the period of disability or family temporary disability leave

commences.

(e) With respect to a period of family temporary disability leave for an individual who

has a period of family temporary disability immediately after the individual has a period of

disability for the individual's own disability, the period of disability is deemed, for the purposes

of specifying the time of the 52-week period or base year in which base weeks or earnings

are required to be established for benefit eligibility pursuant to this subsection (e), to have

commenced at the beginning of the period of disability for the individual's own disability, not

the period of family temporary disability.

HISTORY: L.1948, c.110, s.17; amended 1950, c.173, s.5; 1952, c.188, s.5; 1975, c.355;

1984, c.104, s.4; 2001, c.17, s.4; 2008, c.17, s.7; 2018, c.128, s.3; 2019, c.37, s.18.

43:21-42. Payment of disability benefits; fund; deceased claimant; minors;

representative appointed

(a) Disability benefits payable pursuant to this article shall be paid out of the State

disability benefits fund established by law, and to the extent that such laws, regulations and

practices are not inconsistent herewith, shall be administered subject to the same laws,

regulations and practices as are applicable under the chapter of the Revised Statutes to which

this act is a supplement.

(b) Payment of disability benefits due deceased claimant. If a claim for disability

benefits is not filed by an otherwise eligible individual prior to his death, the first claim for

such benefits may be filed, by the surviving spouse, or such other person or persons who may

be legally entitled thereto. Payment of benefits shall be made upon receipt of a completed

first claim form accompanied by an affidavit executed by such person or persons. The

payment by the division of such benefits upon receipt of such affidavit, or affidavits, shall

discharge the obligations of the division to the extent of such payment. The division shall

prescribe the form of affidavit to be executed.

age of twenty-one years shall be entitled to receive any sum in payment for disability benefits

under this chapter, the father, mother or natural guardian of the infant or minor shall be

authorized and empowered to receive and receipt for such moneys to the same extent as a

guardian of the person and property of such infant or minor duly appointed by the surrogate

or the court of the county in which such infant or minor resides, and the release or discharge

of such father, mother or natural guardian shall be a full and complete discharge of all claims

or demands of the infant or minor thereunder. The division shall prescribe the form of affidavit

and release to be executed by the parties concerned.

(d) Representative appointed for disability benefit beneficiary. The director of the

division is hereby authorized and empowered when in his judgment it shall be advisable, to

appoint a representative with power to act for a person who may be entitled to disability

benefits by legally receiving and disbursing said payments under the direction of the director

when it shall appear that such person is mentally, legally or physically unable to properly

receive or disburse said payments, or when said person, after due diligence cannot be located.

Whenever the person entitled to payments is a minor child, and the director determines that

there is no proper person available to receive and disburse said payments for such child, then

the Child Welfare Board, as constituted by the provisions of chapter five, of Title Institutions

and Agencies (s. 30:5-1 et seq.), may be appointed as the representative of such minor

child. Application on behalf of any such person shall be made in such form as the director

shall prescribe.

HISTORY: L.1948, c. 110, p. 596, s. 18. Amended by L.1950, c. 260, p. 902, s. 1.

ARTICLE IV – DISABILITY DURING UNEMPLOYMENT

Benefits (Amended R.S. 43:21-3)

Benefit Eligibility Conditions (Amended R.S. 43:21-4)

ARTICLE V – ADMINISTRATION AND FINANCE

43 :21-45. Administration

(a) It shall be the duty of the executive director of the commission to administer this

act under the supervision and control of the commission; to appoint and fix the compensation

of members of the staff subject to the approval of the commission and subject to the

provisions of subsection (d) of section 43 :21-11 of the Revised Statutes; and to make such

expenditures as are necessary in the discharge of his functions hereunder as provided for in

the budget to be approved annually by the commission.

(b) There is hereby established an Advisory Council on Disability Benefits to consist of

the following: Four representatives of labor, two representatives of employers, two

representatives of the insurance industry, and two representatives of the medical profession,

to be appointed by the Governor with the advice and consent of the Senate; the executive

director of the commission and the commissioners of Banking and Insurance, and of Labor,

for the time being. Each appointive member shall serve for a term of five years, and vacancies

shall be filled for the unexpired term only. Members of the advisory council shall serve without

compensation but may be reimbursed for their necessary expenses. The advisory council

shall:

(1) study the administration and operation of this act;

(2) aid the commission in formulating policies, rules and regulations and consult and

advise with the executive director;

(3) report to the Governor and the Legislature on or before March first, one thousand

nine hundred and fifty-one, and at such other times as it may deem appropriate its

recommendations for legislation or administration necessary or desirable to improve and

perfect the operation of this act;

(4) report to the Governor and the Legislature on such other matters relating to this

act, and at such other times, as it may deem in the public interest.

HISTORY: L.1948, c. 110, p. 600, s. 21.

43 :21-45.1. Reciprocal agreements for certain temporary disability benefits

a. The Commissioner of Labor is authorized to enter into a reciprocal agreement with

the department of labor, or other corresponding agency, of any other state for the purpose

of granting individuals residing in New Jersey eligibility for the award of benefits under the

"Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et seq.), based wholly or

in part upon employment in the other state, and granting individuals residing in the other

state eligibility for the award of corresponding disability benefits under the statutory authority

of that other state, based wholly or in part upon employment in this State.

b. Notwithstanding any other provision of law, if the Commissioner of Labor has entered

into a reciprocal agreement with another state pursuant to subsection a. of this section, the

commissioner is authorized to determine the amount of benefits to be paid to an individual,

in accordance with the provisions of the "Temporary Disability Benefits Law," P.L.1948, c.110

(C.43:21-25 et seq.), based wholly or in part upon the individual's employment in the other

state.

HISTORY: L.2001, c.451, s.1.

43 :21-45.2. Implementation of disability insurance goals for timely determination

and prompt payment

a. The division shall implement disability insurance goals for the timely determination and

prompt payment of temporary disability benefits and family temporary disability benefits

under the State plan, as follows:

(1) for temporary disability benefits, in each calendar year:

(a) not less than 40 percent of the original benefit determinations shall be completed

within seven days after the commencement of the disability, or the receipt of the benefit

claims by the division, whichever is later;

(b) not less than 75 percent of the original benefit determinations shall be completed

within 14 days after the commencement of the disability, or the receipt of the benefit claims

by the division, whichever is later;

within 21 days after the commencement of the disability, or the receipt of the benefit claims

by the division, whichever is later; and

(d) not less than 90 percent of the original benefit determinations shall be completed

within 28 days after the commencement of the disability, or the receipt of the benefit claims

by the division, whichever is later; and

(2) for family temporary disability benefits, in each calendar year:

(a) not less than 80 percent of the original benefit determinations shall be completed

within seven days after the commencement of the period of family temporary disability leave,

or the receipt of the benefit claims by the division, whichever is later;

(b) not less than 85 percent of the original benefit determinations shall be completed

within 14 days after the commencement of the period of family temporary disability leave, or

the receipt of the benefit claims by the division, whichever is later;

within 21 days after the commencement of the period of family temporary disability leave, or

the receipt of the benefit claims by the division, whichever is later; and

(d) not less than 95 percent of the original benefit determinations shall be completed

within 28 days after the commencement of the period of family temporary disability leave, or

the receipt of the benefit claims by the division, whichever is later.

b. The commissioner shall, not later than September 30 of 2019 and each subsequent

year, issue, provide to the Legislature, and make available to the public on the department's

webpage, a report regarding division efforts in the preceding calendar year to attain the

disability insurance goals set pursuant to this section for temporary disability benefits, and a

report regarding those efforts for family temporary disability benefits. Each report shall

include:

(1) the total number of claims and the number and percentage of original

determinations completed within each number of days specified in the goals set pursuant to

this section, and the number and percentage of original determinations completed within the

following number of days after the receipt of the benefit claims or the commencement of

disability or family temporary disability, whichever is later: 35 days, 42 days, 49 days and 56

days, and the number and percentage of original determinations completed more than 56

days after the receipt of the claims or the commencement of disability or family temporary

disability and the average number of days to make the determinations for the claims that

took more than 56 days;

(2) the number and percentage of claims received with insufficient information, what

portion of those claims were because of failure of claimants to provide sufficient information,

what portion of those claims were because of failures of medical providers of claimants to

provide sufficient information, and what portion of those claims were because of failures of

employers to provide sufficient information;

(3) the number and percentage of claims for which determinations were delayed

because of employer failure to make the notifications or disclosures to employees and the

division within the amount of time required by subsection (a) of section 25 of P.L.1948, c.110

(C.43:21-49) or subsection f. or g. of section 10 of P.L.2008, c.17 (C.43:21-39.1), the number

of complaints received related to employer noncompliance with those requirements, and the

number of employers which have been, because of the failures, required, pursuant to section

31 of P.L.1948, c.110 (C.43:21-55), to pay fines or penalties to the division or added amounts

to claimants, the total amount of payments to the division, and the total amount of payments

to claimants;

(4) the number of personnel in the division and the budgeted cost of salaries and

benefits for those personnel; the number of personnel who are processing family temporary

disability benefit claims, the number processing other temporary disability claims, and the

budgeted cost of salaries and benefits for those personnel; what percentage of total division

administrative costs is comprised of those categories of personnel costs; and a comparison of

total division administrative costs to the maximum amount permitted to be expended for

those division administrative costs pursuant to section 22 of P.L.1948, c.110 (C.43:21-46);

and

(5) if any of the disability insurance goals set pursuant to this section were not

attained during the year, or it is determined that there are other significant problems in the

administration of the disability insurance system, the report shall provide an evaluation of the

causes of the deficiencies and a plan to correct them and that plan shall include:

(a) any increase in personnel needed to process claims and make benefit payments

expeditiously and accurately;

(b) any measures needed to enforce notification and reporting requirements;

to facilitate the timely provision of benefits;

(d) any improvements needed in data processing, telephone and other

communications technology, staff training, and other administrative services and equipment;

(e) any measures needed to improve service to claimants and beneficiaries, including

implementing easy-to-use, user-friendly application processes, facilitating rapid response

times to inquiries and applications, and providing easy access to assistance; and

(f) any other measures appropriate for a full modernization of the administration of

all aspects of the disability insurance system.

The plan shall specify any added costs entailed in implementing the plan, which shall

be regarded as costs of administration of family temporary disability benefits, and shall specify

the amount of any resulting increase in the estimate made pursuant to R.S.43:21-

7(d)(1)(G)(i), and (ii), of the amount needed to provide 100 percent of the cost of

administration of family temporary disability benefits.

The commissioner shall use that increased estimate in setting the rate of contributions

pursuant to those subsections, except that the increase may not result in the total amount

credited to those administrative costs exceeding the maximum amount permitted pursuant

to subsection (a) of section 22 of P.L.1948, c.110 (C.43:21-46).

c. (1) The division shall, during each fiscal year commencing on or after July 1, 2019,

allocate not less than $1,200,000 to disseminate information about the rights and

responsibilities of employers and employees regarding temporary disability benefits and

family temporary disability benefits by means of programs of educational outreach in

communities and workplaces. Of that annual allocation, not less than $600,000 shall be used

by the division to enter into contracts with community-based organizations to disseminate

information to workers regarding temporary disability benefits and family temporary disability

benefits. That allocation shall be regarded as a cost of administration of temporary disability

and family temporary disability benefits and be charged to the administration account of the

State disability benefit fund. Of the costs charged to the administration account of the State

disability benefit fund pursuant to this subsection, the percentage which is charged to the

Family Temporary Disability Leave Account shall be equal to the percentage that family

temporary disability benefits represents of all temporary disability benefits paid from the State

disability benefits fund during the preceding calendar year. The allocation made pursuant to

this subsection, including any adjustments in the allocation specified in the plan provided

pursuant to paragraph (2) of this subsection, shall not result in the total amount credited to

administrative costs exceeding the maximum amount permitted pursuant to subsection (a)

of section 22 of P.L.1948, c.110 (C.43:21-46).

(2) The commissioner shall, not later than September 30 of 2020 and September 30

of each subsequent year, issue, provide to the Legislature, and make available to the public

on the department's webpage, a report regarding efforts made during the preceding calendar

year by the division and by community-based organizations to disseminate information about

the rights and responsibilities of employers and employees regarding temporary disability and

family temporary disability benefits. Each report shall include, for that preceding calendar

year:

(a) an accounting of all funds allocated pursuant to this subsection and all

expenditures made from those funds by the division and each community-based organization

entering into contracts with the division pursuant to this subsection, and estimates of the

number of employers and the number of workers to which the information was disseminated;

(b) an estimate of the number of workers who were eligible for temporary disability

and family temporary disability benefits and what percentage of those workers received those

benefits, including an assessment of whatever progress was made to increase that

percentage; and

specifies the amounts to be allocated to the division and community-based organizations for

the purposes of this subsection during the subsequent calendar year, provided that the

amounts specified shall not be less than or more than the minimum and maximum amounts

indicated in paragraph (1) of this subsection.

HISTORY: L.2019, c.37, s.21.

43 :21-45.3. Contract for technical and support services and equipment to adapt

and increase functionality of the administrative system

a. Notwithstanding the provisions of any other law to the contrary, a contract for

technical and support services and equipment to increase the ability of the Department of

Labor and Workforce Development to adapt and increase the functionality and dependability

of the administrative system of the State plan for temporary disability and family temporary

disability leave, provide accurate and timely reporting, increase customer accessibility, and

implement timely payment of temporary disability and family temporary disability benefits in

accordance with section 21 of P.L.2019, c.37 (C.43:21-45.2) may be procured in the most

expeditious means possible and in the manner provided by this section.

b. The Division of Purchase and Property in the Department of the Treasury may

procure, without the need for advertisement in accordance with subsections (b), (c), (d) and

(e) of P.L.1954, c.48 (C.52:34-12), but through the solicitation of proposals from at least

three vendors, qualified vendors for technical and support services and, to the extent

necessary, equipment based upon price and other factors. The Director of the Division of

Purchase and Property shall award the contract(s) to the vendor whose proposal is most

advantageous to the State, price and other factors considered.

c. Notwithstanding the provisions of any other law to the contrary, for the purpose

of expediting the procurements, the following provisions shall apply as modifications to law

or regulation that may interfere with the expedited award of contracts for the above services:

(1) the timeframes for challenging the specifications and award shall be modified as

determined by the division;

(2) in lieu of advertising in accordance with section 7 of P.L.1954, c.48 (C.52:34-12),

the Division of Purchase and Property shall solicit proposals as set forth in paragraph b. above

and post the request for proposals for the above services and equipment and any addenda

thereto on its website;

(3) the period of time that the State Comptroller has to review the request for

proposals for these procurements for compliance with applicable public contracting laws, rules

and regulations, pursuant to section 10 of P.L.2007, c.52 (C.52:15C-10), shall be 10 business

days or less if practicable, as determined by the State Comptroller;

(4) the timeframes for submission under section 4 of P.L.2012, c.25 (C.52:32-58)

and section 1 of P.L.1977, c.33 (C.52:25-24.2) shall be extended to prior to the issuance of

a Notice of Intent to Award;

(5) the provisions of section 1 of P.L.2005, c.92 (C.52:34-13.2) shall not apply to

technical and support services under this section provided by a vendor using a "24/7 follow-

the-sun model," as long as the contractor is able to provide such services in the United States

during the business day; and

(6) notwithstanding the provisions of subparagraph (f) of subsection a. of section 7

of P.L.1954, c.48 (C.52:34-12), the Division shall negotiate the final terms and conditions of

the contract, including price and may, as part of those negotiations, disclose to any bidder,

the prices included in another bidder's proposal.

HISTORY: L.2019, c.37, s.22.

43 :21-46. State disability benefits fund

(a) The State disability benefits fund, hereinafter referred to as the fund, is hereby

established. The fund shall remain in the custody of the State Treasurer, and to the extent of

its cash requirements shall be deposited in authorized public depositories in the State of New

Jersey. There shall be deposited in and credited to the fund the amount of worker and

employer contributions provided under subparagraph (G) of paragraph (1) of subsection (d)

of R.S.43:21-7 and subsection (e) of R.S.43:21-7, less refunds authorized by the chapter

(R.S.43:21-1 et seq.) to which this act is a supplement, and the entire amount of interest and

earnings from investments of the fund, and all assessments, fines and penalties collected

under this act. The fund shall be held in trust for the payment of disability benefits pursuant

to this act, for the payment of benefits pursuant to subsection (f) of R.S.43:21-4, and for the

payment of any authorized refunds of contributions. All warrants for the payment of benefits

shall be issued by and bear only the signature of the Director of the Division of Unemployment

and Temporary Disability Insurance or his duly authorized agent for that purpose. All other

moneys withdrawn from the fund shall be upon warrant signed by the State Treasurer and

countersigned by the Director of the Division of Unemployment and Temporary Disability

Insurance of the Department of Labor of the State of New Jersey. The Treasurer shall maintain

books, records and accounts for the fund, appoint personnel and fix their compensation within

the limits of available appropriations. The expenses of the Treasurer in administering the

fund and its accounts shall be charged against the administration account, as hereinafter

established. A separate account, to be known as the administration account, shall be

maintained in the fund, and there shall be credited to such account an amount determined to

be sufficient for proper administration, not to exceed, however, 1/10 of 1% of the wages with

respect to which current contributions are payable into the fund pursuant to paragraph (3),

but not paragraph (4), of subsection (a) of R.S.43:21-7, and the entire amount of any

assessments against covered employers, as hereinafter provided, for costs of administration

prorated among approved private plans. The costs of administration of this act, including

R.S.43:21-4(f), shall be charged to the administration account.

(b) A further separate account, to be known as the unemployment disability account,

shall be maintained in the fund. Such account shall be charged with all benefit payments

under R.S.43:21-4(f).

Prior to July 1 of each calendar year, the Division of Unemployment and Temporary

Disability Insurance of the Department of Labor of the State of New Jersey shall determine

the average rate of interest and other earnings on all investments of the State disability

benefits fund for the preceding calendar year. An amount equal to the sum of the amounts

withdrawn from the unemployment trust fund pursuant to section 23 hereof multiplied by

such average rate shall be determined by the division and credited to the unemployment

disability account as of the end of the preceding calendar year.

If the unemployment disability account shall show an accumulated deficit in excess of

$200,000.00 at the end of any calendar year after interest and other earnings have been

credited as provided hereinabove, the division shall determine the ratio of such deficit to the

total of all taxable wages paid during the preceding calendar year, and shall make an

assessment against all employers in an amount equal to the taxable wages paid by them

during such preceding calendar year to employees, multiplied by such ratio, but in no event

shall any such assessment exceed 1/10 or 1% of such wages; provided, however, that the

assessment made against the State (including Rutgers, The State University and the New

Jersey Institute of Technology) shall not exceed the sum of all benefits paid under the

provisions of R.S.43:21-4(f) as the result of employment with the State. Such amounts shall

be collectible by the division in the same manner as provided for the collection of employee

contributions under this chapter (R.S.43:21-1 et seq.). In making this assessment, the

division shall furnish to each affected employer a brief summary of the determination thereof.

The amount of such assessments collected by the division shall be credited to the

unemployment disability account.

As used in this section, "taxable wages" shall mean wages with respect to which

employer contributions have been paid or are payable pursuant to subsections (a), (b) and

the Commissioner of Labor and Industry, the director of the division, and the State

Comptroller, is hereby created. The board shall invest and reinvest all moneys in the fund in

excess of its cash requirements, and such investments shall be made in obligations legal for

savings banks; provided, however, that the provisions of this subsection shall in all respects

be subject to the provisions of P.L.1950, c.270 (C.52:18A-79 et seq.).

(d) There is hereby appropriated, to be paid out of the fund, such amounts as may

from time to time be required for the payment of disability benefits, and such amounts as

may be required each year, as contained in the annual appropriation act, for the

administration of this act, including R.S.43:21-4(f).

HISTORY: L.1948, c.110, s.22; amended 1951, c.355; 1968, c.406, s.1; 1970, c.324, s.2;

1980, c.18, s.3; 1984, c.104, s.5; 1994, c.112, s.3; 2012, c.45, s.126; 2019, c.37, s.19.

43 :21-47. Withdrawal from federal treasury

(a) The State Treasurer is hereby authorized and directed to requisition and withdraw

on or before December 31, 1948, the sum of $50,000,000.00 from the amount of worker

contributions heretofore accumulated in the State unemployment compensation fund and

deposited in and credited to the account of this State in the unemployment trust fund of the

United States of America, established and maintained pursuant to section 904 of the Social

Security Act, as amended (42 U.S.C. s.1104), and to deposit such sums in the State disability

benefits fund, established under the "Temporary Disability Benefits Law." The State Treasurer

is further authorized and empowered to make such requisitions or withdrawals in accordance

with such regulations relating thereto as may be prescribed by the United States Secretary of

the Treasury. No portion of the amount requisitioned or withdrawn from the Federal Treasury

shall be expended for the purpose of administering the "Temporary Disability Benefits Law."

(b) The State Treasurer is hereby authorized and directed to requisition and withdraw

within 90 days of this enactment, an additional sum of $50,000,000.00 from the amount of

worker contributions heretofore accumulated in the State unemployment compensation fund

and deposited in and credited to the account of this State in the unemployment trust fund of

the United States of America, established and maintained pursuant to section 904 of the Social

Security Act, as amended (42 U.S.C. s.1104), and to deposit such sums in the State disability

benefits fund, established under the "Temporary Disability Benefits Law." The State Treasurer

is further authorized and empowered to make such requisitions or withdrawals in accordance

with such regulations relating thereto as may be prescribed by the United States Secretary of

the Treasury. If the balance in the State disability benefits fund as of December 31 of any

calendar year, increased by the contributions credited thereto on or before, or as of January

31 immediately thereafter is in excess of $75,000,000.00, the excess shall be withdrawn from

the State disability benefits fund and deposited to the account of this State in the

unemployment trust fund until the entire $50,000,000.00 requisitioned and withdrawn under

this subsection (b) has been returned and deposited to the account of this State in the

unemployment trust fund pursuant to the provisions of this subsection (b) and subsection (c)

hereof. Such repayment to the unemployment trust fund shall be considered in determining

contribution rates by employers to the State disability benefits fund under R.S.43:21-7(e).

No portion of the amount requisitioned or withdrawn from the Federal Treasury shall be

expended for the purpose of administering the "Temporary Disability Benefits Law."

clearing account of the unemployment compensation fund, as established under R.S.43:21-

9, the sum of $25,000,000.00. Such transfer may be made at such times and in such

installments as the State Treasurer may deem proper, except that the total sum shall have

been transferred by no later than April 30, 1971. Amounts transferred to the clearing account

of the unemployment compensation fund under this subsection shall be clear immediately and

shall be deposited with the Secretary of the Treasury of the United States of America in

accordance with the provisions of R.S.43:21-9(b).

(d) The State Treasurer is hereby authorized and directed to requisition and withdraw

on or before December 31, 1985 a minimum of $50,000,000.00, at the discretion of the

Commissioner of Labor and Workforce Development, from the State disability benefits fund

established under section 22 of P.L.1948, c.110 (C.43:21-46) and to deposit such sum in the

clearing account of the State unemployment compensation fund established under R.S.43:21-

9. The amount transferred under this subsection (d) shall be cleared immediately and shall

be deposited with the Secretary of the Treasury of the United States of America, in accordance

with the provisions of R.S.43:21-9(b).

(e) The State Treasurer is hereby authorized and directed to requisition and withdraw

on or after July 1, 1992 an amount not greater than $25,000,000 from revenues received

pursuant to paragraph (1) of subsection (e) of R.S.43:21-7, at the discretion of the

Commissioner of Labor and Workforce Development, from the State disability benefits fund

established pursuant to section 22 of P.L.1948, c.110 (C.43:21-46) and to deposit that

amount in the New Jersey Workforce Development Partnership Fund created pursuant to

section 9 of P.L.1992, c.43 (C.34:15D-9).

(f) The State Treasurer, in consultation with the Commissioner of Labor and

Workforce Development, is hereby authorized and directed to requisition and withdraw on or

after July 1, 1994 from revenues received pursuant to paragraph (1) of subsection (e) of

R.S.43:21-7, an amount from the State disability benefits fund not greater than 25% of the

balance in that fund as of June 30, 1994 and to deposit that amount in the clearing account

of the unemployment compensation fund established under R.S.43:21-9. The amount

transferred under this subsection (f) shall be cleared immediately and shall be deposited with

the Secretary of the Treasury of the United States of America, in accordance with the

provisions of R.S.43:21-9(b).

(g) To the extent that funds from the General Fund are also deposited into the clearing

account subsequent to July 1, 1994 but before October 2, 1994, such amount shall be

reimbursed to the General Fund from amounts collected pursuant to R.S.43:21-7(d)(1)(G)

and R.S.43:21-7(e) for quarterly periods ending on or after September 30, 1994.

(h) The amount transferred from the State disability benefits fund to the clearing

account of the unemployment compensation fund under subsection (f) of this section plus any

amount reimbursed to the General Fund in accordance with subsection (g) shall be repaid to

the State disability benefits fund from general State revenues with interest at the rate earned

by the investments made with moneys remaining in the State disability benefits fund. The

repayment period shall not exceed ten years. The amount repaid each year shall be not less

than one tenth of the total amount transferred from the State disability benefits fund to the

clearing account of the unemployment compensation fund under subsection (f) of this section,

plus not less than one tenth of the amount reimbursed to the General Fund in accordance

with subsection (g), plus accrued interest. The State Treasurer shall, on or before the thirty-

first day of January in 1995 and in each subsequent year determine what amount shall be

repaid to the State disability benefits fund in the next commencing fiscal year, which amount

shall be consistent with the provisions of this subsection (h). The Legislature shall appropriate

that amount from the General Fund to the State disability benefits fund. For purposes of

determining the balance in the State disability benefits fund as prescribed pursuant to

subparagraph (1) of subparagraph (E) of paragraph (3) of subsection (e) of R.S.43:21-7, the

amount transferred from the State disability benefits fund to the unemployment compensation

fund pursuant to subsection (f) of this section and reimbursed to the General Fund pursuant

to subsection (g) of this section less repayments or other reductions, plus accrued interest

shall be included therein.

(i) The State Treasurer is hereby authorized and directed to requisition and withdraw

on or after July 1, 1996 an amount not greater than $250,000,000 from the State disability

benefits fund and to deposit that amount in the General Fund. For purposes of determining

the balance in the State disability benefits fund as prescribed pursuant to subparagraph (1)

of subparagraph (E) of paragraph (3) of subsection (e) of R.S.43:21-7, the amount

transferred from the State disability benefits fund to the General Fund pursuant to this

subsection (i) shall be included therein.

(j) To ensure that the provisions of subsection (i) of this section do not reduce or

delay benefits payable pursuant to the "Temporary Disability Benefits Law," P.L.1948, c.110

(C.43:21-25 et seq.), whenever the amount in the State disability benefits fund is less than

the amount required to pay the benefits provided under that law and the necessary costs of

administering those benefits, the additional amount required to pay the benefits and the

administrative costs shall be paid from the General Fund. The amounts paid from the General

Fund for benefits and administrative costs pursuant to this subsection shall be repaid to the

General Fund from the State disability benefits fund at such time as the Treasurer determines

that the repayment may be made without reducing or delaying benefits payable pursuant to

the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et seq.). The

repayment to the General Fund from the State disability benefits fund pursuant to this

subsection (j) shall not effect an increase in employee or employer contributions under

subsection (d) or (e) of R.S.43:21-7.

(k) The State Treasurer is hereby authorized and directed to requisition and withdraw,

in addition to the $33,000,000 appropriated from the State disability benefits fund pursuant

to section 61 of P.L.2001, c.130 for transfer to the General Fund, before July 1, 2002 an

amount not greater than $50,000,000 from the State disability benefits fund and to deposit

that amount in the General Fund, and in addition, is hereby authorized and directed to

requisition and withdraw on or after July 1, 2003 an amount not greater than $30,000,000

from the State disability benefits fund and to deposit that amount in the General Fund. Also,

on or after July 1, 2004, the State Treasurer is hereby authorized and directed to requisition

and withdraw on or after July 1, 2004 an amount not greater than $110,000,000 from the

State disability benefits fund and to deposit that amount in the General Fund. For purposes

of determining the balance in the State disability benefits fund as prescribed pursuant to

subparagraph (1) of subparagraph (E) of paragraph (3) of subsection (e) of R.S.43:21-7, the

amount transferred from the State disability benefits fund to the General Fund pursuant to

this subsection (k) shall be regarded as being included in the State disability benefits fund.

(l) The State Treasurer is authorized to utilize funds from the State disability benefits

fund to purchase insurance, excess insurance or reinsurance for the fund and to enter into

whatever contracts are needed to ensure that the provisions of subsection (k) of this section

do not reduce or delay benefits payable pursuant to the "Temporary Disability Benefits Law,"

P.L.1948, c.110 (C.43:21-25 et seq.).

HISTORY: L.1948, c.110, s.23; amended 1970, c.323; 1971, c.50; 1984, c.24, s.18; 1992,

c.44, s.11; 1994, c.112, s.4; 1996, c.47, s.1; 2002, c.7; 2003, c.109; 2004, c.44.

43 :21-48. Assessment of costs of administration

(a) If officers or employees of the Division of Employment Security perform duties in

part related to the administration of this act and of the unemployment compensation law, or

if there be expenses otherwise incurred jointly in connection with administration of such acts,

the division shall make an equitable apportionment to determine the portion of total expense

to be charged to administration of this act including R.S. 43 :21-4(f). So far as possible

such apportionment shall be based upon records to be maintained with the respect to

activities undertaken in administering this act.

(b) The Division of Employment Security shall, at the end of each fiscal year, determine

the total amount expended by it for administrative cost directly attributable to the supervision

and operation of approved private plans, together with a proportionate part of the

administrative cost of R.S. 43 :21-4(f), and such total amount shall be prorated among the

approved private plans in effect during that year on the basis of the total amount of taxable

wages that were paid to all employees covered under such private plans. The prorated

amounts shall be assessed against the respective employers but shall not exceed 1/20 of 1%

of such wages, and such amounts shall be collectible by the division in the same manner as

provided for the collection of employer contributions under the chapter to which this act is a

supplement. In making this assessment, the division shall furnish to each affected employer

a brief summary of the apportionment of expense to be charged to administration of this act,

and of the facts upon which the calculation of the assessment is based. The amounts of such

assessments shall be credited to the administration account.

expended by it for administrative cost directly attributable to maintaining separate disability

benefits accounts for employers required to contribute to the State disability benefits fund

and assigning modified rates of contribution to such employers in accordance with the

provisions of R.S. 43 :21-7(e)(3). Such total amount of administrative costs shall be prorated

among such employer accounts on the basis of the total amount of taxable wages paid to all

employees during the preceding calendar year with respect to which contributions were

payable to the State disability benefits fund. The prorated amounts shall be assessed against

the respective employers, and such amounts shall be collectible by the division in the same

manner as provided for the collection of employer contributions in R.S. 43 :21-14. The

amounts of such assessments shall be credited to the administration account.

HISTORY: L.1948, c. 110, p. 605, s. 24. Amended by L.1950, c. 173, p. 397, s. 6; L.1951,

c. 282, p. 976, s. 1; L.1970, c. 324, s. 3.

43 :21-49. Postings, notice and claims for disability benefits

(a) (1) Every employer shall post, in prominent locations, notices to employees in the

form provided by the division of whether the employer is permitted or required to participate

in a temporary disability benefits program pursuant to the "Temporary Disability Benefits

Law," P.L.1948, c.110 (C.43:21-25 et seq.), and whether the employer does or does not

participate. For employers who participate in a temporary disability benefits program, the

notice shall also describe the temporary disability benefits available to the employees and

prominently disclose that pregnancy is regarded by law as a disability and that pregnant

employees are regarded as disabled and entitled to temporary disability benefits to the same

extent as other disabled employees. Upon the request of an employer, the division shall,

without charge, provide the employer with a copy of each applicable notice, suitable for

reproduction by the employer. Each employer participating in the State plan or a private plan

shall give a printed copy of benefit instructions to any disabled employee as soon as the

employer becomes aware of the disability.

(2) In addition, in the event of the disability of any individual covered under the State

plan, the employer shall, not later than the ninth day of disability, or not later than the ninth

day after the individual notifies the employer of an anticipated period of disability pursuant to

paragraph (3) of this section, whichever comes first, issue to the individual and to the division

printed notices on division forms containing the name, address and Social Security number

of the individual, such wage information as the division may require to determine the

individual's eligibility for benefits, and the name, address, and division identity number of the

employer. Not later than 30 days after the commencement of the period of disability for

which such notice is furnished, the individual shall furnish to the division a notice and claim

for disability benefits under the State plan or for disability during unemployment. Upon the

submission of such notices by the employer and the individual, and the commencement of

the compensable portion of the disability leave pursuant to the "Temporary Disability Benefits

Law," P.L.1948, c.110 (C.43:21-25 et seq.), the division may issue benefit payments for

periods not exceeding three weeks pending the receipt of medical proof. When requested by

the division, such notice and proof shall include certification of total disability by the attending

physician, or a record of hospital confinement. Failure to furnish notice and proof within the

time or in the manner above provided shall not invalidate or reduce any claim if it shall be

shown to the satisfaction of the division not to have been reasonably possible to furnish such

notice and proof and that such notice and proof was furnished as soon as reasonably possible.

(3) With respect to any period of disability commencing on or after October 4, 2019,

if an individual knows in advance when the period will commence, the individual may notify

the employer of the anticipated period of disability and submit to the division a claim for

benefits for that period, which shall include a statement of when the period will commence

and any certification requested by the division pursuant to this section, prior to, but not more

than 60 days prior to, the date on which the period will commence. The division shall process

that claim immediately and, upon a finding that the claim is valid, shall pay the benefit upon

the commencement of the period, except that if the division receives the claim less than 30

days before the commencement of the period, the division shall make the payment not more

than 30 days after the receipt of the claim. The periods of disability leave to which the

provisions of this paragraph apply shall include, but not be limited to, any of the following if

the commencement date of the leave is known in advance: disability related to pregnancy or

childbirth; disability related to scheduled medical procedures, treatments, or appointments

for the individual; and disability related to scheduled ongoing care of the individual. If an

individual did not establish enough base weeks or have enough total earnings during the base

year preceding the week the individual submits the claim for benefits, the division shall notify

the individual that the individual may file the claim again upon or after the commencement

of the period of disability and the division shall then reconsider the individual's eligibility for

benefits based on the base year preceding the week in which the period of disability

commences.

(b) A person claiming benefits under the State plan or for disability during

unemployment shall, when requested by the division, submit at intervals, but not more often

than once a week, to an examination by a legally licensed physician, dentist, podiatrist,

chiropractor, certified nurse midwife, advanced practice nurse or public health nurse

designated by the division. In all cases of physical examination of a claimant, the examination

shall be made by a designee of the division, who shall be the same sex as the claimant if so

requested by the claimant. All such examinations by physicians, dentists, podiatrists,

chiropractors, certified nurse midwives or nurses designated by the division shall be without

cost to the claimant and shall be held at a reasonable time and place. Refusal to submit to

such a requested examination shall disqualify the claimant from all benefits for the period of

disability in question, except as to benefits already paid.

administration of this act, shall be confidential and shall not be published or be open to public

inspection (other than to public employees in the performance of their public duties) in any

manner revealing the identity of the claimant, or the nature or cause of disability nor

admissible in evidence in any action or special proceeding other than one arising under this

act.

HISTORY: L.1948, c.110, s.25; amended 1950, c.173, s.7; 1951, c.60; 1968, c.406, s.2;

1980, c.90, s.15; 2004, c.168, s.3; 2005, c.106; 2009, c.114, s.2; 2018, c.128, s.4; 2019,

c.37, s.20.

43 :21-50. Review

(a) If a person claiming benefits under an approved private plan shall be unable to

agree with the employer or insurer as to benefits thereunder, such claimant may, within one

year after the beginning of the period for which benefits are claimed, file a complaint with the

division, which shall conduct such investigation, including informal hearings, as it deems

proper. Such complaint shall be filed in writing in a form satisfactory to the division. The

division shall have the authority to make procedural rules and regulations providing for a fair

and impartial hearing, and shall designate one or more hearing officers. If the issues raised

by the complaint are not settled, the hearing officer shall conduct a hearing upon due notice

to the claimant, the employer and the insurer, if any, at which any party in interest shall have

the right to appear. At such hearing evidence, exclusive of ex parte affidavits, may be

produced by any party, but the hearing officer, in conducting the hearing, shall not be bound

by the rules of evidence. All proceedings at such hearing shall be recorded, but need not be

transcribed unless the order on the disputed claim is to be reviewed. The hearing officer shall

make a determination of facts, and an order disposing of the issues presented, which shall

be final and binding on the claimant, the employer and the insurer. A copy of such order shall

be served upon each of the interested parties by registered mail addressed to their respective

last-known addresses. Any party in interest feeling aggrieved by action of the hearing officer

may secure judicial review through a proceeding in lieu of prerogative writ. The cost of

recording and transcribing the proceedings, and of the preparation of the entire record

required on the review, shall constitute a cost of administering this act.

(b) Individuals claiming benefits under the State plan shall be entitled to review

hearing and determination as provided in unemployment compensation cases.

HISTORY: L.1948, c. 110, p. 607, s. 26. Amended by L.1953, c. 41, p. 772, s. 11.

43 :21-51. Fees of attorney and medical witnesses

In any proceeding had as the result of a complaint filed with the commission as

provided in this article, the hearing officer may (i) if an award of benefits is made to an

employee, allow a reasonable fee, not exceeding twenty per centum (20%) of the amount of

the award, to the attorney, if any, representing the employee, payable by the employer or

insurer, and (ii) allow reasonable appearance fees to medical witnesses, the payment of

which may be assessed wholly or in part against the employee, the employer or the insurer

as the hearing officer shall determine. Except for amounts thus allowed, it shall be unlawful

for an attorney or any other person to ask for, contract for, or receive, directly or indirectly,

any charge for services in securing or attempting to secure any benefits hereunder, or for a

medical witness to make any charge for an appearance at a hearing held pursuant to this

act.

HISTORY: L.1948, c. 110, p. 608, s. 27.

43 :21-52. Records and reports

(a) Each employer shall keep true and accurate employment records, containing such

information as may reasonably be prescribed by the commission. Such records shall be open

to inspection by the commission or its authorized representative at any time during ordinary

business hours for the purpose of ascertaining whether such employer is a covered employer

and, if so, whether such employer is complying with the provisions of this act. Information

thus obtained shall not be published or open to public inspection (other than to public

employees in the performance of their public duties) in any manner revealing an employee's

or employer's identity, but any claimant at a hearing before the commission or a hearing

officer shall be supplied with information from such records to the extent necessary for the

proper presentation of his claim.

(b) Covered employers whose employees are participating in an approved private plan

and any insurer of an approved private plan shall furnish such reports and information and

make available to the commission such records as the commission may by regulation require

for the proper administration of this act.

or self-insurer, on request, any information from its records that is necessary for the

determination of liability under an approved private plan.

HISTORY: L.1948, c. 110, p. 608, s. 28.

43 :21-53. Rights in payments

Benefits payable under an approved private plan by an employer as a self-insurer shall

have the same preference against the assets of the employer as are now or may hereafter be

allowed by law for a claim for unpaid wages for labor, and benefits under the State plan and

for any disability during unemployment as provided by section 43 :21-4(f) or under an

approved private plan shall not be assignable or subject to levy, execution, attachment or

other process for satisfaction of debts.

HISTORY: L.1948, c. 110, p. 609, s. 29. Amended by L.1950, c. 173, p. 399, s. 8.

43 :21-54. Financial responsibility under private plans

If a private plan does not provide for the assumption by an insurer, duly authorized

and admitted to do business in this State, of the liability to pay the benefits afforded by such

plan, the commission shall not approve it unless the employer files with the commission the

bond of an admitted surety insurer conditioned on the payment of obligations under the plan,

or deposits with the commission securities approved by the commission to secure the payment

of such obligations. The penal sum of the bond or the amount of the deposit shall be

determined by the commission and shall be not less than one-half of the contributions which

would have been paid by the employees to be covered by the plan during the previous year,

or one-half of the estimated contributions of such employees for the ensuing year, whichever

is greater; provided, however, that any employer who is a self-insurer and is exempt from

insuring his workmen's compensation liability, as provided by law, shall so long as such

exemption remains in effect be exempt from the surety bond and security deposit

requirements of this section; and any other employer who shall satisfy the commission as

to the permanence of his business and his financial ability to pay the benefits provided by a

private plan submitted for approval may, upon application, be exempted from such

requirements by written order of the commission, which order shall be revocable at any time.

HISTORY: L.1948, c. 110, p. 609, s. 30.

43 :21-55. Penalties

(a) Whoever makes a false statement or representation knowing it to be false or

knowingly fails to disclose a material fact, and each such false statement or representation or

failure to disclose a material fact shall constitute a separate offense, to obtain or increase any

disability benefit under the State plan or an approved private plan, or for a disability during

unemployment, including any benefit during a period of family temporary disability leave,

either for himself or for any other person, shall be liable for a fine of $250 to be paid to the

division. Upon refusal to pay such fine, the same shall be recovered in a civil action by the

division in the name of the State of New Jersey. If in any case liability for the payment of a

fine as aforesaid shall be determined, any person who shall have received any benefits

hereunder by reason of the making of such false statements or representations or failure to

disclose a material fact, shall not be entitled to any benefits under this act for any disability

occurring prior to the time he shall have discharged his liability hereunder to pay such fine.

(b) Any employer or any officer or agent of any employer or any other person who

makes a false statement or representation knowing it to be false or knowingly fails to disclose

a material fact, to prevent or reduce the benefits to any person entitled thereto, or to avoid

becoming or remaining subject hereto or to avoid or reduce any contribution or other payment

required from an employer under this act, or who willfully fails or refuses to make any such

contributions or other payment or to furnish any reports required hereunder or to produce or

permit the inspection or copying of records as required hereunder, or who fails to provide any

notification or disclosure to the division or the employee required by subsection (a) of section

25 of P.L.1948, c.110 (C.43:21-49) or subsection f. or g. of section 10 of P.L.2008, c.17

(C.43:21-39.1) at the time and in the manner required by those sections, including disclosure

of the information the division requires for the processing of a claim, shall be liable for a fine

of $250 to be paid to the division. Upon refusal to pay such fine, the same shall be recovered

in a civil action by the division in the name of the State of New Jersey.

made hereunder, for which a fine is neither prescribed herein nor provided by any other

applicable statute, shall be liable to a fine of $500 to be paid to the division. Upon the refusal

to pay such fine, the same shall be recovered in a civil action by the division in the name of

the State of New Jersey.

(d) Any person, employing unit, employer or entity violating any of the provisions of

the above subsections with intent to defraud the division shall in addition to the penalties

hereinbefore described, be liable for each offense upon conviction before the Superior Court

or any municipal court for a fine not to exceed $1,000 or by imprisonment for a term not to

exceed ninety days, or both, at the discretion of the court. The fine upon conviction shall be

payable to the State disability benefits fund of the division. Any penalties imposed by this

subsection shall be in addition to those otherwise prescribed in this chapter (R.S.43:21-1 et

seq.).

(e) Any sum collected as a fine or penalty pursuant to this section shall be deposited

in the administration account of the State disability benefits fund and applied toward

enforcement and other administrative costs of the division.

HISTORY: L.1948, c.110, s.31; amended 1950, c.173, s.9; 1991, c.91, s.422; 1997, c.318,

s.1; 2008, c.17, s.8; 2019, c.37, s.23.

43 :21-55.1. Liability for repayment of disability benefits overpayments

(a) If it is determined by the division that an individual for any reason has received,

under the State plan, an approved private plan or for a disability during unemployment, any

sum of disability benefits, including benefits during a period of family temporary disability

leave, to which the individual was not entitled, the individual shall, except as provided in

subsection (b) of this section, be liable to repay the sum in full. Except as provided in

subsection (b) of this section, the sum that the individual is liable to repay shall be deducted

from future benefits payable to the individual under P.L.1948, c.110 (C.43:21-25 et al.) or

subsection (f) of R.S.43:21-4, or shall be repaid by the individual to the division, the employer

or the insurer, and that sum shall be collectible in the manner provided for by law, including,

but not limited to, the filing of a certificate of debt with the Clerk of the Superior Court of New

Jersey; except that no individual who does not knowingly misrepresent or withhold any

material fact to obtain benefits shall be liable for any repayments or deductions against future

benefits unless notified before four years have elapsed from the time the benefits in question

were paid. The division shall promptly notify the individual by mail of the determination and

the reasons for the determination. Unless the individual files an appeal of the determination

within 20 calendar days following the receipt of the notice, or, within 24 days after the notice

was mailed to the individual's last known address, the determination shall be final.

(b) If the individual received the overpayment of benefits because of an error made

by the division, the employer or the physician, and if the individual did not knowingly

misrepresent or withhold any material fact to obtain the benefits, the following limits shall

apply:

(1) The amount withheld from any subsequent benefit check shall be an amount not

greater than 50% of the amount of the check; and

(2) Any repayments of the overpayments by the individual or the estate of the

individual may be waived, but all repayments of overpayments shall be waived in cases in

which the individual is deceased or permanently disabled.

Any demand for repayment from an individual pursuant to this subsection shall include

an explanation of the provisions of this subsection.

HISTORY: L.1997, c.318, s.2; amended 2008, c.17, s.9; 2019, c.37, s.25.

43 :21-55.2. Retaliation against employee for request, use of disability benefits

prohibited; violations, penalties.

a. An employer shall not discharge, harass, threaten, or otherwise discriminate or

retaliate against an employee with respect to the compensation, terms, conditions, or

privileges of employment on the basis that the employee requested or took any temporary

disability benefits pursuant to P.L.1948, c.110 (C.43:21-25 et al.), or family temporary

disability leave benefits pursuant to P.L.2008, c.17 (C.43:21-39.1 et al.), including retaliation

by refusing to restore the employee following a period of leave, except that, pursuant to

section 2 of P.L.1948, c.110 (C.43:21-26), nothing in this section or any other section of

P.L.1948, c.110 (C.43:21-25 et al.) or P.L.2008, c.17 (C.43:21-39.1 et al.) shall be construed

as increasing, reducing or otherwise modifying any entitlement provided to a worker by the

provisions of the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) to be restored to

employment by the employer after a period of family temporary disability leave.

b. Upon a violation of subsection a. of this section, an employee or former employee

may institute a civil action in the Superior Court for relief. All remedies available in common

law tort actions shall be available to a prevailing plaintiff. The court may also order any or all

of the following relief:

(1) an assessment of a civil fine of not less than $1,000 and not more than $2,000

for the first violation of any of the provisions of this section and not more than $5,000 for

each subsequent violation;

(2) an injunction to restrain the continued violation of any of the provisions of this

section;

(3) reinstatement of the employee to the same position or to a position equivalent to

that which the employee held prior to unlawful discharge or retaliatory action;

(4) reinstatement of full fringe benefits and seniority rights;

(5) compensation for any lost wages, benefits and other remuneration; and

(6) payment of reasonable costs and attorney's fees.

HISTORY: L.2019, c.37, s.24.

43 :21-56. Severability

If any clause, sentence, paragraph, section or part of this act shall be adjudged by any

court of competent jurisdiction to be unconstitutional, invalid or inoperative, in whole or in

part, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be

confined in its operation to the clause, sentence, paragraph, section or part thereof directly

involved in the controversy in which such judgment shall have been rendered. To the extent

that any provision of this act shall not have been adjudged unconstitutional, invalid or

inoperative, such provision shall be enforced and effectuated.

HISTORY: L.1948, c. 110, p. 612, s. 33.

APPENDIX I

An Act concerning workmen’s compensation, relating to reimbursement of disability benefits paid under

the Temporary Disability Benefits Law (P.L.1948, c.110) for the same accident or sickness compensable

under chapter fifteen of Title 34 of the Revised Statutes, and supplementing chapter fifteen of Title 34

of the Revised Status. (P.L.1950, c.174.)

34 :15-57.1. Reimbursement of benefits paid under Temporary Disability Benefits

Law

Whenever an employee becomes entitled to or is awarded compensation for temporary

disability pursuant to chapter fifteen of Title 34 of the Revised Statutes for the same weeks

or period with respect to which he has received disability benefits pursuant to the Temporary

Disability Benefits Law (P.L.1948, c. 110), the Deputy Directors or Referees of the Division of

Workmen's Compensation are authorized to incorporate in such award, order, or approval of

settlement, an order requiring the employer or his insurance carrier to reimburse the Division

of Employment Security of the New Jersey Department of Labor and Industry, the employer

involved in the claim under chapter fifteen of Title 34 of the Revised Statutes, or his insurance

carrier, as the case may be, the amount of any disability benefits it may have paid to such

employee.

HISTORY: L.1950, c. 174, p. 402, s. 1.

34 :15-57.2. Inquiry as to other payments received before paying compensation;

proof of amounts paid

Whenever an employer or his insurance carrier involved in the claim under chapter

fifteen of Title 34 of the Revised Statutes shall receive written notice from the Division of

Employment Security of the New Jersey Department of Labor and Industry that disability

benefits have been paid to an employee as a result of an accident or sickness for which the

said employee may be entitled to benefits under chapter fifteen of Title 34 of the Revised

Statutes, such employer or his insurance carrier, as the case may be, shall, before making

any payment on account of any pending award, order, or settlement under said chapter

fifteen of Title 34 of the Revised Statutes, inquire of the employee as to whether or not he

has received disability benefits by reason of the same accident or sickness and advise the

Division of Employment Security of the New Jersey Department of Labor and Industry or the

employer who made payment of the disability benefits, or his insurance carrier, as the case

may be, of the result of such inquiry.

In proceedings before the Division of Workmen's Compensation, it shall be the duty of

the employer against whom claim is made under chapter fifteen of Title 34 of the Revised

Statutes, and his insurance carrier, if any, to present, at any hearing involving a workmen's

compensation claim affected by this act, sufficient proof as to the amounts paid under the

Temporary Disability Benefits Law (P.L.1948, c. 110), for which reimbursement is allowable

in pursuance of the provisions of the Temporary Disability Benefits Law (P.L.1948, c. 110),

such proof to be furnished by the Division of Employment Security of the New Jersey

Department of Labor and Industry, the employer who made payment of the disability benefits

or his insurance carrier, as the case may be.

HISTORY: L.1950, c. 174, p. 402, s. 2.

34 :15-57.3. Effective date

This act shall take effect on the first day of July, one thousand nine hundred and fifty.

HISTORY: L.1950, c. 174, p. 403, s. 3.

APPENDIX II

54A :6-31. Family leave benefits not included in gross income

Gross income shall not include benefits for family temporary disability leave paid

pursuant to P.L.1948, c.110 (C.43:21-25 et al.) and P.L.2008, c.17 (C.43:21-39.1 et al.).

HISTORY: L.2008, c.17, s.16.

APPENDIX III

An Act concerning domestic violence, relating to the eligibility of family disability benefits paid under the

Temporary Disability Benefits Law (P.L.1948, c.110) for the same need for unpaid leave allowed under

chapter eighty-two of Title 34 of the Revised Statutes, and supplementing chapter eighty-two of Title

34 of the Revised Status. (P.L.2019, c.37.)

34 :11C-3. Regulations relative to unpaid leave for employees, family members

affected by certain offenses

a. Any employee of an employer in the State who was a victim of an incident of

domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19) or a sexually

violent offense as defined in section 3 of P.L.1998, c.71 (C.30:4-27.26), or whose parent-in-

law, sibling, grandparent, grandchild, child, parent, spouse, domestic partner, or civil union

partner individual, or any other individual related by blood to the employee, and any other

individual that the employee shows to have a close association with the employee which is

the equivalent of a family relationship, was a victim shall be entitled to unpaid leave of no

more than 20 days in one 12-month period, to be used in the 12-month period next

following any incident of domestic violence or any sexually violent offense as provided in

this section. For purposes of this section, each incident of domestic violence or any sexually

violent offense shall constitute a separate offense for which an employee is entitled to

unpaid leave, provided that the employee has not exhausted the allotted 20 days for the

12-month period. The unpaid leave may be taken intermittently in intervals of no less than

one day, as needed for the purpose of engaging in any of the following activities as they

relate to the incident of domestic violence or sexually violent offense:

(1) seeking medical attention for, or recovering from, physical or psychological

injuries caused by domestic or sexual violence to the employee or the employee's parent-in-

law, sibling, grandparent, grandchild, child, parent, spouse, domestic partner, or civil union

partner individual, or any other individual related by blood to the employee, and any other

individual that the employee shows to have a close association with the employee which is

the equivalent of a family relationship;

(2) obtaining services from a victim services organization for the employee or the

employee's parent-in-law, sibling, grandparent, grandchild, child, parent, spouse, domestic

partner, or civil union partner individual, or any other individual related by blood to the

employee, and any other individual that the employee shows to have a close association

with the employee which is the equivalent;

(3) obtaining psychological or other counseling for the employee or the employee's

parent-in-law, sibling, grandparent, grandchild, child, parent, spouse, domestic partner, or

civil union partner individual, or any other individual related by blood to the employee, and

any other individual that the employee shows to have a close association with the employee

which is the equivalent of a family relationship;

(4) participating in safety planning, temporarily or permanently relocating, or

taking other actions to increase the safety of the employee or the employee's parent-in-law,

sibling, grandparent, grandchild, child, parent, spouse, domestic partner, or civil union

partner individual, or any other individual related by blood to the employee, and any other

individual that the employee shows to have a close association with the employee which is

the equivalent of a family relationship, from future domestic or sexual violence or to ensure

economic security;

(5) seeking legal assistance or remedies to ensure the health and safety of the

employee or the employee's parent-in-law, sibling, grandparent, grandchild, child, parent,

spouse, domestic partner, or civil union partner, individual, or any other individual related

by blood to the employee, and any other individual that the employee shows to have a close

association with the employee which is the equivalent of a family relationship, including

preparing for, or participating in, any civil or criminal legal proceeding related to or derived

from domestic or sexual violence; or

(6) attending, participating in, or preparing for a criminal or civil court proceeding

relating to an incident of domestic or sexual violence of which the employee or the

employee's parent-in-law, sibling, grandparent, grandchild, child, parent, spouse, domestic

partner, or civil union partner, or any other individual related by blood to the employee, and

any other individual that the employee shows to have a close association with the employee

which is the equivalent of a family relationship, was a victim.

An eligible employee may elect to use any of the accrued paid vacation leave,

personal leave, or medical or sick leave of the employee, or any family temporary disability

leave benefits provided pursuant to section 3 of P.L.1948, c.110 (C.43:21-27), during any

part of the 20-day period of unpaid leave provided under this subsection. In such case, any

paid leave provided by the employer, and accrued pursuant to established policies of the

employer, or family temporary disability leave benefits, shall run concurrently with the

unpaid leave provided under this subsection and, accordingly, the employee shall receive

pay pursuant to the employer's applicable paid leave policy, or family temporary disability

leave benefits, during the period of otherwise unpaid leave. If an employee requests leave

for a reason covered by both this subsection and the "Family Leave Act," P.L.1989, c.261

(C.34:11B-1 et seq.) or the federal "Family and Medical Leave Act of 1993," Pub.L.103-3

(29 U.S.C. s.2601 et seq.), the leave shall count simultaneously against the employee's

entitlement under each respective law.

Leave granted under this section shall not conflict with any rights pursuant to the

"Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), the "Temporary Disability

Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), or the federal "Family and Medical Leave

Act of 1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.).

b. Prior to taking the leave provided for in this section, an employee shall, if the

necessity for the leave is foreseeable, provide the employer with written notice of the need

for the leave, unless an emergency or other unforeseen circumstances precludes prior

notice. The notice shall be provided to the employer as far in advance as is reasonable and

practical under the circumstances.

c. Nothing contained in this act shall be construed to prohibit an employer from

requiring that a period of leave provided pursuant to this section be supported by the

employee with documentation of the domestic violence or sexually violent offense which is

the basis for the leave. If the employer requires the documentation, the employee shall be

regarded as having provided sufficient documentation if the employee provides one or more

of the following:

(1) a domestic violence restraining order or other documentation of equitable relief

issued by a court of competent jurisdiction;

(2) a letter or other written documentation from the county or municipal prosecutor

documenting the domestic violence or sexually violent offense;

(3) documentation of the conviction of a person for the domestic violence or

sexually violent offense;

(4) medical documentation of the domestic violence or sexually violent offense;

(5) certification from a certified Domestic Violence Specialist or the director of a

designated domestic violence agency or Rape Crisis Center, that the employee or

employee's parent-in-law, sibling, grandparent, grandchild, child, parent, spouse, domestic

partner, or civil union partner, or any other individual related by blood to the employee, and

any other individual that the employee shows to have a close association with the employee

which is the equivalent of a family relationship, is a victim of domestic violence or a sexually

violent offense; or

(6) other documentation or certification of the domestic violence or sexually violent

offense provided by a social worker, member of the clergy, shelter worker, or other

professional who has assisted the employee or employee's parent-in-law, sibling,

grandparent, grandchild, child, parent, spouse, domestic partner, or civil union partner, or

any other individual related by blood to the employee, and any other individual that the

employee shows to have a close association with the employee which is the equivalent of a

family relationship, in dealing with the domestic violence or sexually violent offenses.

For the purposes of this subsection:

"Certified Domestic Violence Specialist" means a person who has fulfilled the

requirements of certification as a Domestic Violence Specialist established by the New

Jersey Association of Domestic Violence Professionals; and "designated domestic violence

agency" means a county-wide organization with a primary purpose to provide services to

victims of domestic violence, and which provides services that conform to the core domestic

violence services profile as defined by the Division of Child Protection and Permanency in

the Department of Children and Families and is under contract with the division for the

express purpose of providing the services.

"Rape Crisis Center" means an office, institution, or center offering assistance to

victims of sexual offenses through crisis intervention, medical and legal information, and

follow-up counseling.

d. An employer shall display conspicuous notice of its employees' rights and

obligations pursuant to the provisions of this act, in such form and in such manner as the

Commissioner of Labor and Workforce Development shall prescribe, and use other

appropriate means to keep its employees so informed.

e. No provision of this act shall be construed as requiring or permitting an employer

to reduce employment benefits provided by the employer or required by a collective

bargaining agreement which are in excess of those required by this act. Nor shall any

provision of this act be construed to prohibit the negotiation and provision through collective

bargaining agreements of leave policies or benefit programs which provide benefits in

excess of those required by this act. This provision shall apply irrespective of the date that a

collective bargaining agreement takes effect.

Nothing contained in this act shall be construed as permitting an employer to:

(1) rescind or reduce any employment benefit accrued prior to the date on which

the leave taken pursuant to this act commenced; or

(2) rescind or reduce any employment benefit, unless the rescission or reduction of

the benefit is based on changes that would have occurred if an employee continued to work

without taking the leave provided pursuant to this section.

f. All information provided to an employer pursuant to subsection c. of this section,

and any information regarding a leave taken pursuant to this section and any failure of an

employee to return to work, shall be retained in the strictest confidentiality, unless the

disclosure is voluntarily authorized in writing by the employee or is required by a federal or

State law, rule, or regulation.

HISTORY: L.2013, c.82, s.3; amended 2019, c.37, s.4.