reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 16 - PAYMENT OF BENEFITS TO INTERSTATE CLAIMANTS › Section 12:17-16.4 - Reporting requirements for interstate benefit claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Claims for benefits or waiting periods shall be filed by interstate claimants on uniform interstate claim forms or by telephone and in accordance with uniform procedures developed pursuant to the Interstate Benefit Payment Plan. Claims shall be dated in accordance with the agent state's definition of week of the agent state. Any adjustments required to fit the type of week used by the liable state shall be made by the liable state on the basis of consecutive claims filed.
(b) Claims shall be filed in accordance with agent state regulations for intrastate claims in employment service offices, or at an itinerant point, by mail or by telephone.
(c) With respect to claims for weeks of unemployment in which an individual was not working for his or her regular employer, the liable state shall, under circumstances which it considers good cause, accept a continued claim which is filed late. If a claimant files more than one reporting period late without "good cause" as defined under 12:17-4.1(b), an initial claim must be used to begin a claim series and no continued claim for a past period shall be accepted.
(d) With respect to weeks of unemployment during which an individual is attached to his or her regular employer, the liable state shall accept any claim which is filed within the time period applicable to such claims under the law of the agent state.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 16 - PAYMENT OF BENEFITS TO INTERSTATE CLAIMANTS › Section 12:17-16.5 - Role of the agent state in benefit determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In connection with each claim filed by an interstate claimant, the agent state shall ascertain and report to the liable state in question such facts relating to the claimant's availability for work and eligibility for benefits as are readily determinable in and by the agent state.
(b) The agent state's responsibility and authority in connection with the determination of interstate claims shall be limited to investigation and reporting of relevant facts. The agent state shall not refuse to take an interstate claim.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 16 - PAYMENT OF BENEFITS TO INTERSTATE CLAIMANTS › Section 12:17-16.6 - Appeals of benefit determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The agent state shall afford all reasonable cooperation in the taking of evidence and the holding of hearings in connection with appealed interstate benefit claims.
(b) With respect to the time period imposed by the law of a liable state upon the filing of an appeal in connection with a disputed benefit claim, an appeal made by an interstate claimant shall be deemed to have been made and communicated to the liable state on the date when it is received by any qualified officer of the agent state.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 16 - PAYMENT OF BENEFITS TO INTERSTATE CLAIMANTS › Section 12:17-16.7 - Reciprocal claims with Canada

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to claims taken in and for Canada.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 17 - CLAIMS FOR DISABILITY BENEFITS DURING UNEMPLOYMENT › Section 12:17-17.1 - Notice and proof of disability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A written notice of disability on which a claim for disability benefits during unemployment is based shall, within 30 days after the commencement of the period of disability for which benefits are claimed, be furnished to the Division of Temporary Disability Insurance within the Department of Labor and Workforce Development by the claimant or an authorized representative. The notice shall state the claimant's full name, address and Social Security number, as well as the date on which the claimant was too sick (or disabled) to work. The filing of the Department form entitled, "Proof and Claim for Disability Benefits," accompanied by the certification of the attending licensed physician, advanced practice nurse, dentist, podiatrist, chiropractor, practicing psychologist or optometrist as required hereinafter, shall constitute notice of disability.
(b) Proof of disability on which a claim for benefits under the disability during unemployment program is based shall be furnished by any claimant who expects to be or has been totally unable to perform any work and is under the care of a licensed physician, advanced practice nurse, dentist, podiatrist, chiropractor, practicing psychologist or optometrist. Such proof may also be furnished by the claimant's authorized representative. Additional medical certification shall be filed as proof of continued disability, when requested by the Division.
(c) The failure to furnish a written notice of or proof of disability within the 30-day time period required by (a) above shall not invalidate or reduce any claim, if the Division determines that there was good cause for late filing. If a notice or proof is furnished after 30 days and the claimant does not have good cause for failing to submit the notice of proof in a timely manner, the claim shall be reduced and limited to the period commencing 30 days prior to the receipt or postmark of the notice of proof of disability, subject to the waiting period requirement. For purposes of this section, "good cause" means any situation over which the claimant did not have control and which was so compelling as to prevent the claimant from filing his claim within the prescribed period.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 17 - CLAIMS FOR DISABILITY BENEFITS DURING UNEMPLOYMENT › Section 12:17-17.2 - Procedures for filing of claims for benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All claims and other required documents relating to a claim for disability benefits during unemployment may be filed by mail except in those cases where the claimant is notified by the Division that a personal appearance or examination will be required. Filing by mail shall be deemed complete as of the postmarked date unless the claimant can provide evidence of an earlier date of mailing.
(b) Disability benefits shall be payable to a claimant residing in another state or in Canada, provided he or she complies with the requirements of the Unemployment Compensation Law and this subchapter. In such cases, the attending physician, advanced practice nurse, dentist, chiropractor, podiatrist, practicing psychologist or optometrist shall be licensed under the laws applicable to the place where the claimant is receiving treatment.
(c) If an independent medical examination of a claimant is required, the Division shall authorize such examination to be made by a licensed physician, advanced practice nurse, dentist, podiatrist, chiropractor, practicing psychologist or optometrist. The payment of examination fees shall be consistent with those fees established in 12:18-3.1(g)  concerning temporary disability examination fees.
(d) If a claimant refuses to submit to an independent medical examination by a licensed physician, advanced practice nurse, dentist, podiatrist, chiropractor, practicing psychologist, or optometrist designated by the Division, he or she shall be disqualified for receiving all benefits for the period of disability in question, except for benefits already paid.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 17 - CLAIMS FOR DISABILITY BENEFITS DURING UNEMPLOYMENT › Section 12:17-17.3 - Waiver of registration and reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
The giving of notice of disability and the filing of proof of a claim for disability benefits during unemployment shall dispense with the requirements of N.J.A.C. 12:17-4 concerning registering for work and reporting to the Division for the period covered by the claim.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 17 - CLAIMS FOR DISABILITY BENEFITS DURING UNEMPLOYMENT › Section 12:17-17.4 - Payment of disability benefits during unemployment for individuals working for exempt employers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section provides that weeks and wages earned by an individual employed by an employer that is not covered under the Temporary Disability Benefits Law, 43:21-25 et seq., out-of-State or by the Federal government, shall be excluded from benefit calculations under the Disability During Unemployment Program.
(b) Where an individual becomes ill or disabled and his or her most recent employing unit was not an employer covered by the Temporary Disability Benefits Law, disability benefits during unemployment shall be paid to the individual under 43:21-4(f), provided he or she has sufficient weeks and wages as a covered individual during the base year to establish a valid claim and is otherwise eligible.
(c) A claim for disability benefits during unemployment which was previously established as a valid unemployment claim based wholly or in part on wages from employment that is not with a covered employer shall be redetermined. Eligibility for disability benefits during unemployment shall be based solely on wages earned as a covered individual during the base year to establish a valid claim for benefits.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 17 - CLAIMS FOR DISABILITY BENEFITS DURING UNEMPLOYMENT › Section 12:17-17.5 - Simultaneous unemployment and disability benefit periods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where, during a week of unemployment, an individual would be eligible for unemployment benefits except for his or her inability to work because of illness or disability during a portion of such week, a claim for disability benefits during unemployment may be filed and benefits paid to such an individual, provided he or she is otherwise eligible and any of the following conditions apply:
1. If the simultaneous benefit period occurs immediately prior to the disability, the claimant must file a claim in accordance with 12:17-17.1.
2. If the simultaneous benefit period occurs at the end of the disability, the claimant must assert his or her ability to work by reporting to the Division during the calendar week of his or her recovery or in the calendar week immediately following; or
3. If the claimant returns to work during the calendar week of his or her recovery or in the calendar week immediately following.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 17 - CLAIMS FOR DISABILITY BENEFITS DURING UNEMPLOYMENT › Section 12:17-17.6 - Benefit determination

Current through Register Vol. 56, No. 14, July 15, 2024
A claimant shall be given written notice of any determination on his or her claim and of the reason for any denial of his or her claim. A copy of the determination and the probable duration for which benefits will be paid, shall be mailed to the claimant. The claimant's appeal rights shall also be clearly stated on the determination.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 18 - SELF-EMPLOYMENT ASSISTANCE AND ENTREPRENEURIAL TRAINING PROGRAM › Section 12:17-18.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context indicates otherwise:
"Full-time basis," with respect to the amount of time spent in participating in self-employment assistance activities and efforts to establish a business, means a minimum of 35 hours per week.
"Peer group" means a group of not more than 20 participating individuals who provide mutual assistance and support for each other's efforts to establish businesses and become self-employed entrepreneurs.
"Reemployment services" means job search assistance and job placement services, including counseling, testing, assessment, job search workshops, job clubs, referrals to employers and providing occupational and labor market information.
"Regular benefits" means benefits payable to an individual under the Unemployment Compensation Law, including benefits payable to Federal civilian employees and to ex-service members pursuant to 5 U.S.C. § 85. Regular benefits do not include extended benefits payable under 43:21-24.1 2 et seq. or any other State or Federal program which would provide benefits beyond the duration of regular benefits or additional benefits for training payable pursuant to the Workforce Development Partnership (WDP) Act as provided at 43:21-57 et seq.
"Self-employment assistance activities" means activities, approved by the Division, in which an individual participates for the purpose of establishing a business and becoming self-employed.
"Self-employment assistance allowance" means an allowance, payable in lieu of regular benefits from the Unemployment Insurance Trust Fund, to an individual participating in self-employment assistance activities who meets the requirements of 43:21-67 et seq.
"Self-employment assistance services" means services provided to an individual, including entrepreneurial training, business counseling and technical assistance, to help the individual to develop a business plan, establish a business and become self-employed.
"Worker profiling system" means the worker profiling system established pursuant to the Unemployment Compensation Law at 43:21-4.1 and N.J.A.C. 12:17-20. The system identifies unemployment benefit claimants who are most likely to exhaust benefits, using a computerized series of screens and a statistical model to develop a numerical ranking of claimants.
"Workforce Development Partnership Program" means the program created pursuant to the Workforce Development Partnership Act, N.J.S.A. 34:14D-1 et seq.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 18 - SELF-EMPLOYMENT ASSISTANCE AND ENTREPRENEURIAL TRAINING PROGRAM › Section 12:17-18.2 - Self-employment assistance program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Self-Employment Assistance Program (SEA), established pursuant to 43:21-67 et seq. provides for the following:
1. An individual participating in the SEA Program (activities and services which assist an individual in establishing a business and becoming self-employed) may receive an allowance, in lieu of unemployment benefits for which he or she would have qualified;
2. An individual need not actively seek work while he or she is engaged in self-employment activities;
3. Counseling and technical assistance including assistance in developing a business plan; and
4. A training grant for entrepreneurial training and assistance approved by a WDP counselor in an amount not to exceed $ 400.00, or, if the grant is for training provided by any public institution of higher education under 18A:62-1 which governs public higher education institutions, not to exceed $ 1,500.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 18 - SELF-EMPLOYMENT ASSISTANCE AND ENTREPRENEURIAL TRAINING PROGRAM › Section 12:17-18.3 - Eligibility requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for selection to participate in the SEA Program and to receive allowances, an individual shall meet all of the following requirements:
1. Be a dislocated worker who has been determined through the worker profiling system to be likely to exhaust benefits. The Division shall give priority to those individuals who, through the profiling system, have received scores which indicate the highest probability of exhausting unemployment benefits since the maximum number of individuals receiving SEA allowance may not exceed one percent of the number of claimants receiving regular unemployment benefits;
2. Be eligible to receive benefits on his or her unemployment insurance claim;
3. Have a viable business plan approved by a qualified job counselor pursuant to the Workforce Development Partnership Act, 34:15D-1;
4. Be willing to work full-time in developing the business;
5. Participate in full-time entrepreneurial training and/or counseling in combination with other business activities as required by the Division; and
6. Have the financial resources needed to start and sustain the business until it becomes self-supporting.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 18 - SELF-EMPLOYMENT ASSISTANCE AND ENTREPRENEURIAL TRAINING PROGRAM › Section 12:17-18.4 - Self-employment assistance allowance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) SEA allowances are paid to eligible participants "in lieu of" unemployment benefits in an amount equal to the individual's weekly benefit rate and maximum benefit amount.
(b) Weekly SEA allowances shall not be reduced by any income generated from the individual's business. However, the weekly benefit rate shall be reduced by any earnings from other employment which the individual may have.
(c) The total payment of a combination of unemployment benefits and SEA allowances shall not exceed the maximum benefit amount of the claim for regular unemployment benefits.
(d) Individuals who terminate participation in the SEA Program shall be disqualified for SEA allowances and shall not be reinstated in the program. However, such individuals may be eligible to receive regular unemployment benefits.
(e) Individuals determined eligible for SEA allowances shall not be eligible to receive extended benefits or additional benefits during training pursuant to the Workforce Development Partnership Act. Individuals who temporarily suspend participation in the SEA Program may receive regular benefits with respect to the benefit year if otherwise eligible until the total amount of regular benefits and SEA allowances paid to the individual equals the maximum benefit amount. Such individuals may also be paid extended benefits if otherwise eligible. Whether such individuals shall be eligible to receive benefits under other Federal or State extended benefit programs is subject to the statute providing for such extensions.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 18 - SELF-EMPLOYMENT ASSISTANCE AND ENTREPRENEURIAL TRAINING PROGRAM › Section 12:17-18.5 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Denials of grants under the SEA Program may be appealed in accordance with 12:23-3.7 concerning appeal procedures for the denial of training grants.
(b) Denials of claims for SEA allowances may be appealed in accordance with N.J.A.C. 1:12 concerning unemployment compensation cases.
(c) Denials of grants in combination with denials of Self-Employment Assistance allowances may be appealed in accordance with N.J.A.C. 1:12 concerning unemployment compensation cases.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 18 - SELF-EMPLOYMENT ASSISTANCE AND ENTREPRENEURIAL TRAINING PROGRAM › Section 12:17-18.6 - Overpayment of self-employment assistance allowances

Current through Register Vol. 56, No. 14, July 15, 2024
Overpayment of SEA allowances improperly paid for any reason shall be recovered by the Department by offset of future unemployment benefits or in any other manner as provided in 43:21-1 et seq.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 19 - VOLUNTARY WITHHOLDING OF FEDERAL INCOME TAX FROM UNEMPLOYMENT BENEFITS › Section 12:17-19.1 - Notice to claimants of voluntary withholding of Federal income tax from unemployment benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual receiving unemployment benefits shall be notified at the time he or she files a claim for benefits that unemployment benefits are subject to Federal income tax, the requirements pertaining to estimated tax payments and that the individual may elect to have Federal income tax deducted and withheld from his or her unemployment benefit payment at the amount specified in the Internal Revenue Code.
(b) The individual may change a previously elected withholding status once during the benefit year of a claim by written request to the Division.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 19 - VOLUNTARY WITHHOLDING OF FEDERAL INCOME TAX FROM UNEMPLOYMENT BENEFITS › Section 12:17-19.2 - Transfer of withheld unemployment benefits

Current through Register Vol. 56, No. 14, July 15, 2024
Amounts deducted and withheld from unemployment benefits shall remain in the unemployment fund until transferred to the Federal taxing authority as a payment of income tax. The Commissioner shall follow all procedures specified by the United States Department of Labor and the Internal Revenue Service pertaining to the deducting and withholding of income tax.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 19 - VOLUNTARY WITHHOLDING OF FEDERAL INCOME TAX FROM UNEMPLOYMENT BENEFITS › Section 12:17-19.3 - Other withholdings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Amounts shall be deducted and withheld under this subchapter only after amounts are deducted and withheld for any overpayments of unemployment benefits, child support obligations or any other amounts required to be deducted and withheld under the New Jersey Unemployment Compensation Law or Federal law.
(b) Amounts deducted and withheld for overpayments of unemployment benefits, child support obligations or any other reason are considered paid to the claimant.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 20 - WORKER PROFILING AND REEMPLOYMENT SERVICES › Section 12:17-20.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All new claimants who file for regular unemployment compensation shall be profiled in accordance with Federal requirements set forth at 42 U.S.C. §
										503(j), incorporated herein by reference, as amended and supplemented.
(b) Profiling is a system that:
1. Identifies which claimants will be likely to exhaust regular compensation and will need job search assistance services to make a successful transition to new employment;
2. Refers identified claimants early in the claims series to reemployment services;
3. Collects follow-up information relative to the services provided to such claimants and the employment outcome for such claimants; and
4. Meets other such requirements as the U.S. Secretary of Labor determines are appropriate.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 20 - WORKER PROFILING AND REEMPLOYMENT SERVICES › Section 12:17-20.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Early in the claims series" means no later than the fifth week from the date of claim.
"New claimant" means any individual who files an initial or additional claim for benefits, and receives a first payment early in the claims series.
"Reemployment services" means job search assistance and job placement services, such as counseling, occupational testing, providing occupational and labor market information, assessment, job search workshops, job clubs, referrals to employers, entrepreneurial training, business counseling, and other similar services, and does not mean vocational skills and/or education training.
"Regular compensation" means compensation payable under any state unemployment compensation law, other than extended compensation and additional compensation. This includes Unemployment Compensation for Ex-service members (UCX), Unemployment Compensation for Federal Employees (UCFE) and Combined Wage Claims (CWC).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 20 - WORKER PROFILING AND REEMPLOYMENT SERVICES › Section 12:17-20.3 - Identifying claimants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All claimants receiving full first payments within 35 days after the date of their claim will be placed in a potential profiling pool. The following individuals will be screened out of the pool:
1. Claimants who receive first payments that are for partial unemployment;
2. Claimants with a definite recall date or in a seasonal industry with a strong likelihood of recall;
3. Claimants who seek work through an approved union hiring hall; and
4. Claimants who have an interstate claim. (Interstate claimants shall be exempted from participation until the United States Department of Labor develops procedures for including them in worker profiling.)
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 20 - WORKER PROFILING AND REEMPLOYMENT SERVICES › Section 12:17-20.4 - Statistical modeling process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Claimants who are not excluded by the factors specified in 12:17-20.3 shall be passed through a statistical modeling process developed by the Division of Program Planning, Analysis and Evaluation within the New Jersey Department of Labor and Workforce Development, to determine their probability of exhausting benefits based on coefficients assigned to nondiscriminatory variables, which shall include industry and/or occupation and may include, but are not limited to, the following:
1. Education;
2. Job tenure; and
3. Local area unemployment rate.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 20 - WORKER PROFILING AND REEMPLOYMENT SERVICES › Section 12:17-20.5 - Selection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The highest ranked individuals shall be selected to attend an orientation session where the reemployment service program and the various services available shall be explained.
(b) Selection for participation in reemployment and other services shall be done on a weekly basis.
(c) The number of individuals selected to attend the orientation sessions shall be dependent upon the ability of the service provider to provide reemployment services.
(d) Individuals not selected for the orientation shall be returned to a candidate pool for as long as the selection date equals or is within 35 days of the date of claim.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 20 - WORKER PROFILING AND REEMPLOYMENT SERVICES › Section 12:17-20.6 - Mandatory participation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless exempted under 12:17-20.7, claimants scheduled for an orientation session shall attend and claimants referred for services shall participate in the services offered in order to maintain eligibility for unemployment benefits. However, no individual shall involuntarily be required to attend or participate in vocational skills and/or education training.
(b) The eligibility for unemployment benefits of an individual who fails to participate as requested shall be adjudicated under N.J.A.C. 12:17-4.
(c) Interstate claimants shall be exempted from participation until the United States Department of Labor develops procedures for including them in worker profiling.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 20 - WORKER PROFILING AND REEMPLOYMENT SERVICES › Section 12:17-20.7 - Exempted individuals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Individuals shall be exempted from reemployment services required under this subchapter if they:
1. Were incorrectly profiled (that is, an error was made on initial claim or in data entry);
2. Have returned or are returning to full-time work;
3. Are receiving similar reemployment services at the time of profiling;
4. Have recently completed similar reemployment services;
5. Are attending or registered to attend training at the time of profiling;
6. Are job-ready for existing job openings; or
7. Have become a member of an approved union hiring hall, have moved and are now filing on an interstate basis, or have received a definite recall date from the former employer.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 20 - WORKER PROFILING AND REEMPLOYMENT SERVICES › Section 12:17-20.8 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
Appeals from denials of or ineligibility for benefits under this subchapter shall be decided in accordance with N.J.A.C. 1:12 and 12:20 concerning appeals to the Appeal Tribunal and Board of Review for unemployment benefit determinations.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 21 - RELIEF FROM BENEFIT CHARGES › Section 12:17-21.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a claimant is paid unemployment benefits, his or her former employers' experience rating accounts shall be charged for the amount of benefits paid to the claimant. These charges shall be made in proportion to the wages paid by the employer during the base year of the claimant as compared with the total wages paid by all of his or her employers during the same period.
(b) An employer may impact the determination of the contribution rate by maintaining necessary records and information and providing same to the Division. Such information shall enable the Division of Employer Accounts to charge employer accounts properly and relieve charges under certain conditions.
(c) This subchapter shall apply to claims filed on or after January 4, 1998.
(d) This subchapter does not apply to governmental entities, whose benefit financing provisions are set forth in 43:21-7.3 and those nonprofit organizations liable for payment in lieu of contributions on the basis set forth in 43:21-7.2. This subchapter also does not apply to unemployment benefits paid to Federal employees and ex-service members which are fully financed by Federal funds.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 21 - RELIEF FROM BENEFIT CHARGES › Section 12:17-21.2 - Reasons for separation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A base year employer may obtain relief from the charges for benefits paid to a former employee if the claimant was separated from his or her work with such employer due to any of the following reasons:
1. The claimant has left work without good cause attributable to his or her employment;
2. The claimant was discharged for willful misconduct connected with the work;
3. The claimant has failed, without good cause, to apply for or accept suitable work;
4. The claimant would be disqualified for benefits because he or she has simultaneously claimed benefits against another state or Federal government;
5. The claimant would be disqualified for receiving benefits for the illegal receipt or attempted receipt of benefits as a result of any false or fraudulent representation; or
6. The claimant is in training approved under Section 236(a)(1) of the Trade Act of 1974 ( 19 U.S.C. §
											2296(a)(1) ) as amended by the Trade Act of 2002, P.L. 107-210, or when the claimant leaves work to enter this training as provided by 43:21-5(h).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 21 - RELIEF FROM BENEFIT CHARGES › Section 12:17-21.3 - Request for separation information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For an employer to obtain relief of benefit charges, he or she shall complete the Department form entitled, "Notice to Employer of Monetary Determination and Request for Separation Information," and additional requests for separation information, where determined necessary by the Division. The separation information shall include a comprehensive statement of facts surrounding the separation from work. The Department form entitled, "Notice to Employer of Monetary Determination and Request for Separation Information," shall be completed and returned to the office that initiated the request within 10 calendar days after the date upon which the form requesting information was mailed. Any additional separation information requested by the Division shall be completed and returned to the office that initiated the request within 21 calendar days after the date upon which the request was mailed.
(b) Relief of benefit charges shall not be granted if either the Department form entitled, "Notice to Employer of Monetary Determination and Request for Separation Information" is not received by the Division or postmarked within 10 calendar days after the date upon which the form requesting information was mailed, or if any additional separation information requested by the Division is not received or postmarked within 21 calendar days after the date upon which the request for additional information was mailed, unless the employer shows good cause for failing to do so.
(c) For purposes of this section, "good cause" means any situation over which the employer did not have control and which was so compelling as to prevent the employer from providing information as required by the Division.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 21 - RELIEF FROM BENEFIT CHARGES › Section 12:17-21.4 - Misrepresentation or false information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer or any officer or agent of an employing unit who makes a false statement or representation, knowing it to be false, or who knowingly fails to disclose a material fact, to reduce benefit charges to the employing unit pursuant to 43:21-7(c)(1), shall be liable for a fine of $ 1,000 to be recovered in an action at law in the name of the Division or as provided in 43:21-14(e).
1. Each false statement or representation or failure to disclose a material fact, and each day of that failure or refusal, shall constitute a separate offense.
2. Any penalties imposed by this subsection shall be in addition to those otherwise prescribed in 43:21-1 et seq.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 21 - RELIEF FROM BENEFIT CHARGES › Section 12:17-21.5 - Determination and appeals

Current through Register Vol. 56, No. 14, July 15, 2024
The Division shall notify employers in writing of the determinations made regarding their requests for relief from charges within a reasonable time period. Such notice shall include a statement of the right of the employer to appeal the determination in accordance with N.J.A.C. 1:12 and 12:20 concerning appeals to the Appeal Tribunal and Board of Review for unemployment benefit determinations.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 22 - CLAIMS FOR FAMILY LEAVE INSURANCE BENEFITS DURING UNEMPLOYMENT › Section 12:17-22.3 - Procedures for filing of claims for benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All claims and other required documents relating to a claim for family leave insurance benefits during unemployment may be filed by mail, except in those cases where the claimant is notified by the Division of Temporary Disability Insurance that a personal appearance or examination will be required. Filing by mail shall be deemed complete as of the postmarked date unless the claimant can provide evidence of an earlier date of mailing.
(b) Family leave insurance benefits shall be payable to a claimant residing in another state or in Canada, provided he or she complies with the requirements of the Unemployment Compensation Law and this subchapter.
(c) If an independent medical examination of a care recipient is required, the Division shall authorize such examination to be made by a licensed medical practitioner. The payment of examination fees shall be consistent with those fees established in 12:21-3.1(g)  concerning family leave insurance benefits examination fees.
(d) If a care recipient refuses to submit to an independent medical examination by a licensed medical practitioner designated by the Division of Temporary Disability Insurance, the claimant shall be disqualified from receiving all benefits for the period of family leave in question, except for benefits already paid.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 22 - CLAIMS FOR FAMILY LEAVE INSURANCE BENEFITS DURING UNEMPLOYMENT › Section 12:17-22.4 - Waiver of registration and reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
The giving of notice of family leave and the filing of proof of a claim for family leave insurance benefits during unemployment shall dispense with the requirements of N.J.A.C. 12:7-4 concerning registering for work and reporting to the Division of Temporary Disability Insurance for the period covered by the claim.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 22 - CLAIMS FOR FAMILY LEAVE INSURANCE BENEFITS DURING UNEMPLOYMENT › Section 12:17-22.5 - Payment of family leave insurance benefits during unemployment for individuals working for exempt employers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section provides that weeks and wages earned by an individual employed by an out-of-State employer or by the Federal government, shall be excluded from benefit calculations under the Family Leave Insurance Benefits During Unemployment Program.
(b) Where a claimant's most recent employing unit was not a covered employer, family leave insurance benefits during unemployment shall be paid to the individual under 43:21-4(f)(2), provided the claimant has sufficient weeks and wages as a covered individual during the base year to establish a valid claim and is otherwise eligible.
(c) A claim for family leave insurance benefits during unemployment, which was previously established as a valid unemployment claim based wholly or in part on wages from employment that is not with a covered employer shall be redetermined. Eligibility for family leave insurance benefits during unemployment shall be based solely on wages earned as a covered individual during the base year to establish a valid claim for benefits.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 22 - CLAIMS FOR FAMILY LEAVE INSURANCE BENEFITS DURING UNEMPLOYMENT › Section 12:17-22.6 - Simultaneous unemployment and family leave insurance benefit periods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No period of less than seven days shall be payable on a claim filed for family leave insurance benefits during unemployment under 43:21-4(f)(2).
(b) Where, during a week of unemployment, an individual would be eligible for unemployment benefits except for his or her inability to work due to the need to participate in the providing of care for a family member of the claimant made necessary by a serious health condition of the family member or to be with a child during the first 12 months after the child's birth, if the claimant or the domestic partner or civil union partner of the claimant, is a biological parent of the child, or the first 12 months after the placement of the child for adoption or as a foster child with the individual, during a portion of such week, a claim for family leave insurance benefits during unemployment may be filed and benefits paid to such an individual, provided that he or she is otherwise eligible and any of the following conditions apply:
1. If the simultaneous benefit period occurs immediately prior to the family leave, the claimant must file a claim for family leave insurance benefits in accordance with 12:17-22.2; or
2. If the simultaneous benefit period occurs at the end of the family leave, the claimant must assert his or her ability to work by reporting to the Division during the calendar week that the family leave ends or in the calendar week immediately following.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 22 - CLAIMS FOR FAMILY LEAVE INSURANCE BENEFITS DURING UNEMPLOYMENT › Section 12:17-22.7 - Benefit determination

Current through Register Vol. 56, No. 14, July 15, 2024
A claimant shall be given written notice of any determination on his or her claim and of the reason for any denial of his or her claim. A copy of the determination and the probable duration for which benefits will be paid, shall be mailed to the claimant. The claimant's appeal rights shall also be clearly stated on the determination.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 22 - CLAIMS FOR FAMILY LEAVE INSURANCE BENEFITS DURING UNEMPLOYMENT › Section 12:17-22.8 - Payment of family leave insurance benefits during unemployment

Current through Register Vol. 56, No. 14, July 15, 2024
For each claimant who establishes entitlement to family leave insurance benefits during unemployment under 43:21-4(f)(2), his or her claim shall be paid from the Family Temporary Disability Leave Account.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS › Subchapter 22 - CLAIMS FOR FAMILY LEAVE INSURANCE BENEFITS DURING UNEMPLOYMENT › Section 12:17-22.9 - Reduction of benefits

Current through Register Vol. 56, No. 14, July 15, 2024
An employee's maximum family leave insurance benefits entitlement under 43:21-3 and 4 as an unemployed claimant for a given 12-month period shall be reduced by the number of days of family leave insurance benefits that have been paid to the employee during that 12-month period under the State plan or a private plan.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 18 - TEMPORARY DISABILITY BENEFITS › Subchapter 1 - GENERAL PROVISIONS › Section 12:18-1.2 - Application for exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
Any employee desiring to secure exemption from the provisions of the Act shall make application therefor on a form and in a manner prescribed by the Director.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 18 - TEMPORARY DISABILITY BENEFITS › Subchapter 1 - GENERAL PROVISIONS › Section 12:18-1.3 - Service of papers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any and all written communications issued by the Division may be served personally or by registered or certified mail. A copy of the notice may be left at the principal office or place of business in New Jersey of the person required to be served.
(b) Such service shall constitute due notice.
(c) The verification by the individual who served the notice, or the return post office receipt of the registered or certified mail shall be proof that the notice was served.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 18 - TEMPORARY DISABILITY BENEFITS › Subchapter 1 - GENERAL PROVISIONS › Section 12:18-1.4 - Reimbursement of funds

Current through Register Vol. 56, No. 14, July 15, 2024
If benefits have been paid in error to a claimant by one program (either the State plan, Disability During Unemployment, or a private plan) for a period of disability and the claimant is correctly entitled to benefits under another program (either the State plan, Disability During Unemployment, or a private plan) for that same period of disability, the Division may arrange for a reimbursement of funds between the two programs. If it is determined that the benefits were received as a result of the claimant's making a false statement knowing it to be false or knowingly failing to disclose a material fact, the individual shall be subject to a fine and repayment of the overpaid amount under the provisions of 43:21-55(a).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 18 - TEMPORARY DISABILITY BENEFITS › Subchapter 1 - GENERAL PROVISIONS › Section 12:18-1.5 - Offset by workers' compensation award when temporary disability benefits are payable based on claimant's employment with another employer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a covered individual with more than one employer receives temporary workers' compensation benefits for an injury or illness incurred at one place of employment and that individual files a claim for New Jersey temporary disability benefits as a result of the same injury or illness on the basis of his or her employment with the other employer(s), those benefits are payable under the New Jersey State plan or an approved private plan provided that:
1. The claimant otherwise meets the eligibility criteria for temporary disability benefits in accordance with 43:21-25 et seq.;
2. Wages from all covered employers are used to calculate the temporary disability insurance weekly benefit rate as defined in 43:21-40 and the maximum benefit amount as defined in 43:21-38;
3. The temporary disability insurance weekly benefit rate is reduced by the temporary workers' compensation weekly benefit rate;
4. The claimant receives the temporary disability insurance benefits at the adjusted rate; and
5. Any such reduction in the temporary disability insurance weekly benefit rate shall also reduce the maximum total benefits payable during the period of disability.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 18 - TEMPORARY DISABILITY BENEFITS › Subchapter 1 - GENERAL PROVISIONS › Section 12:18-1.6 - Completion of medical certifications by licensed medical practitioner

Current through Register Vol. 56, No. 14, July 15, 2024
No licensed medical practitioner as defined in 12:18-1.1 shall charge a patient a fee for services rendered in completing forms issued by the Division of Temporary Disability Insurance or any private insurance provider requesting medical information associated with the filing of any initial or continued claim for payment of any benefits under the provisions of the New Jersey Temporary Disability Benefits Law, 43:21-25 et seq.