reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.13 - Certificate of approval; effective date

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall issue a "Certificate of Approval of Private Plan," which shall constitute evidence of approval of the plan by the Division.
(b) Each such private plan shall be submitted in detail to the Division and shall be approved by the Division to take effect as of the first day of the calendar quarter next following the submission date, or as of an earlier date if requested by the employer and approved by the Division. Grounds for approval of an earlier effective date include, but are not limited to, whether the plan:
1. Is the result of an agreement contained in a labor-management contract; or
2. Covers a newly formed subsidiary of an employer with an existing private plan; or
3. Is the result of a succession from an employer with an existing private plan. As provided in 43:21-7(c)(7)(A), a successor in interest is an entity that acquires the organization, trade, or business, or substantially all the assets of an employer, whether by merger, consolidation, sale, transfer, descent, or otherwise.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.14 - Withdrawal of certificate of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A certificate of approval may be withdrawn or revoked upon notice and opportunity for hearing if the Division finds:
1. That there is danger that benefits accrued or to accrue will not be paid;
2. That the security for such payment is insufficient;
3. That there has been a failure to comply with the terms and conditions of the plan;
4. That there has been a failure to pay benefits to eligible claimants promptly;
5. That, in the case of an insured private plan, the insurance company has given notice of the cancellation of the policy of insurance thereunder;
6. That the employer, his or her duly authorized agent, the union or association representing the employees or any person acting in behalf of any of the foregoing are deriving a profit in instituting or administering the plan;
7. That the employer, or insurer or any other party responsible for the payment of benefits, as the case may be, has failed to comply with the Act and regulations; or
8. Other good cause.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.15 - Termination on petition by employees

Current through Register Vol. 56, No. 14, July 15, 2024
Upon receipt by the Division of a petition to terminate a private plan, signed by not less than 10 percent of the employees covered by the private plan, the Division shall order an election, after 30 days' written notice to the employer. No such election shall be required more often than once in any 12 consecutive months. The Division shall, whenever it deems necessary, supervise such election.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.16 - Eligibility to petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee, to be eligible to sign any petition requesting an election to discontinue a private plan, shall be in the employ of the employer as of the date of the petition, and covered by the plan. The form of the petition requesting an election shall be prescribed by the Director.
(b) An employee, to be eligible to vote in any election to discontinue a private plan, shall be in the employ of the employer as of the date of the election and covered by the plan.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.17 - Requirements of election

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any election to discontinue a private plan shall be in accordance with this subchapter. The election shall be by written ballot but the Director may order a secret ballot if the facts so warrant. The ballot shall be so worded as to give each employee voting an opportunity to vote for or against the discontinuance of the private plan. The time and place of the election shall be convenient to employees, and on not less than 30 days' written notice by the employer to the employees. The notice of the election and the results thereof shall be given to the employees affected by one of the following methods, by:
1. Posting on bulletin boards in the employer's establishment or place of business for a period of not less than 30 days;
2. Mail addressed to each employee; or
3. Personal service.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.18 - Retention of election records

Current through Register Vol. 56, No. 14, July 15, 2024
The records pertaining to any election to discontinue a private plan shall be retained by the employer and shall be available for inspection by the Division representatives for a one-year period from the date of termination.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.19 - Certification of election results

Current through Register Vol. 56, No. 14, July 15, 2024
A statement shall be submitted forthwith by the employer to the Division showing the total number of employees eligible to vote, and the number of employees who voted for and against termination of the plan.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.20 - Discontinuance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As provided in the Act, a private plan shall be discontinued when the Division withdraws its approval thereof upon being furnished satisfactory evidence that a majority of the covered employees have made election in writing to discontinue such plan.
(b) An employer may discontinue a private plan upon proper notice to the Division and to the covered employees.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.21 - Responsibility of employer on withdrawal of certificate of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The employer shall be liable for the deduction of workers' contributions and payment of workers' contributions, as required by 43:21-7, with respect to wages paid for employment subsequent to the effective date of withdrawal or revocation of the certificate of approval, unless the Division has approved another private plan to become effective on the day immediately following.
(b) Form FDP-22, Notice of Withdrawal of Approval of Family Leave Insurance Benefits Private Plan, shall be conspicuously posted for a period of not less than 30 days at or in the employer's factory, establishment or other premises at which the workers, who were covered under the private plan, are employed, as evidence of the termination of that plan.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.22 - Insurer liability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A policy of insurance providing for the payment of benefits under a private plan shall provide that the insurer shall remain liable for the payment of benefits to any employee covered by the policy and the private plan for any period of family leave commencing, during the continuance of the private plan, after the policy became effective and prior to the termination of the policy.
1. With respect to a period of family 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 termination, to have commenced at the beginning of the period of disability during the individual's own disability, not the period of family leave.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.23 - Mandatory provision

Current through Register Vol. 56, No. 14, July 15, 2024
Each contract of insurance providing for the payment of benefits under a private plan shall contain a clause or clauses guaranteeing that the benefits meet the requirements of 12:21-2.9, Minimum plan requirements.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.24 - Security required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The security required by the Division from an employer whose private plan does not provide for the assumption of the liability to pay benefits by an insurer, duly authorized and admitted to do business in this State, shall be in the form of a cash deposit, a bond of an admitted surety insurer conditioned on the payment of obligations under the plan, or bearer bonds issued or guaranteed by the United States of America or issued by this State, the amount to be determined by the Division upon the basis of the size of the payroll, the class or classes of risks contemplated, the financial standing of the employer and any additional factors, which the Division may deem proper.
(b) The amount shall not be less than one-half of the contributions that would have been paid by the employees to be covered by the private plan during the previous year, or one-half of the estimated contributions of such employees for the ensuing year, whichever is greater.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.25 - Security exemption

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Exemption from the requirement of 12:21-2.2 4, Security required, shall be granted to any employer who:
1. Is exempt from insuring the employer's workers' compensation liability, as provided by law; or
2. Satisfies the Division as to the employer's financial responsibility to pay the benefits provided by the employer's plan by furnishing a complete, current financial statement and such other proof as may be acceptable to the Division. An annual review of the financial responsibility will be made.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.26 - Disposition of security upon termination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The security provided for in this subchapter should be applied by the Division to the payment of any unpaid obligations under the private plan. Upon termination of a private plan, which does not provide for the assumption by an admitted insurer of the liability to pay benefits, or upon withdrawal of approval of such private plan, the Division shall retain the security deposited, for the purpose of securing the payment of the obligations of the private plan. Upon the expiration of all benefit claims outstanding after the lapse of five complete calendar quarters following the effective date of termination or withdrawal of approval, the Division shall make a final assessment of the charges against the employer as provided in the Act and this subchapter.
(b) The Division may make a partial return of the security at an earlier date if it finds that such security is in excess of that required.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.27 - Exchange of information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an employee's weekly benefit amount, determined under the benefit provisions of an employer's private plan, with respect to any period of family leave, is less than the maximum weekly benefit amount payable under the State plan, and such weekly benefit amount has been computed on a basis different from that provided for covered individuals under the State plan, the weekly benefit amount shall be recomputed in accordance with the provisions of the New Jersey Temporary Disability Benefit Law, 43:21-40, as amended.
(b) If such recomputed weekly benefit amount is less than the maximum weekly benefit amount payable under the State plan and the computation of the "average weekly wage" for such recomputation 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 base year, then the insurer, which has undertaken to pay the benefits provided by the plan shall request the Division to provide such payer with a statement of the weekly wages of the employee earned from all covered employers during the base weeks in the year immediately preceding the calendar week in which the employee's family leave commenced, or immediately preceding the calendar week in which the employee submitted a claim for benefits consistent with N.J.S.A. 43:21-39.1(h).
(c) When requesting such information, such payer shall furnish the Division with the following information:
1. The name, address and Social Security Number of the employee;
2. The date on which the family leave commenced, or date on which the employee submitted a claim for benefits consistent with N.J.S.A. 43:21-39.1(h);
3. The names and addresses of such other employers, from whom the employee alleges to have earned wages immediately preceding his or her family leave, or immediately preceding the date on which the employee submitted a claim for benefits consistent with N.J.S.A. 43:21-39.1(h), as may be necessary to determine all wages earned in the required base weeks in the base year; and
4. The weekly earnings of the employee from the employer during each of the calendar weeks in the base year immediately preceding the family leave, or immediately preceding the date on which the employee submitted a claim for benefits consistent with N.J.S.A. 43:21-39.1(h), if any.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.28 - Notice from employers

Current through Register Vol. 56, No. 14, July 15, 2024
Within 10 days after the mailing of a request for information with respect to a period of family leave, each employer having a private plan shall furnish the Division with any information requested or known to the employer, which may bear upon the eligibility of the claimant.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.29 - Reports by self-insurers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the one-year period ending December 31 of each calendar year during which a self-insured private plan is in effect, each employer shall, on a form prescribed by the Division, file a statement, on or before the 30th day following the end of the one-year period, showing the following information with regard to each of the following types of claims: care of sick child, care of sick spouse, care of sick domestic partner, care of sick civil union partner, care of sick parent, bonding by biological parent with a newborn child, bonding by domestic partner or civil union partner of biological parent with a newborn child, bonding by individual with newly adopted child:
1. The number of claims for family leave insurance benefits received during the one-year period;
2. The number of claims for family leave insurance benefits accepted during the one-year period;
3. The number of workers who received family leave insurance benefits during the one-year period;
4. The amount of family leave insurance benefits paid during the one-year period;
5. The average weekly family leave insurance benefit during the one-year period;
6. The amount of sick leave, vacation leave or other fully paid time, which resulted in reduced benefit duration during the one-year period;
7. With regard solely to family leave insurance benefit claims to care for sick family members, the amount of intermittent family leave insurance benefits paid during the one-year period; and
8. The average duration of family leave insurance benefits, in days, during the one-year period.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.30 - Reports by unions and other benefit payers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the one-year period ending December 31 of each calendar year, each union, association of employees, nominee, trustee or organization, which has assumed the liability to pay the family leave insurance benefits required under one or more private plans (which benefits are not guaranteed by a contract of insurance of an insurer duly authorized and admitted to do business in this State) shall, on a form prescribed by the Division, file a statement, on or before the 30th day following the end of the one-year period showing the following information with regard to each of the following types of claims: care of sick child, care of sick spouse, care of sick domestic partner, care of sick civil union partner, care of sick parent, bonding by biological parent with a newborn child, bonding by domestic partner or civil union partner of biological parent with a newborn child, bonding by individual with newly adopted child:
1. The number of claims for family leave insurance benefits received during the one-year period;
2. The number of claims for family leave insurance benefits accepted during the one-year period;
3. The number of workers who received family leave insurance benefits during the one-year period;
4. The amount of family leave insurance benefits paid during the one-year period;
5. The average weekly family leave insurance benefit during the one-year period;
6. The amount of sick leave, vacation leave or other fully paid time, which resulted in reduced benefit duration during the one-year period;
7. With regard solely to family leave insurance benefit claims to care for sick family members, the amount of intermittent family leave benefits paid during the one-year period; and
8. The average duration of family leave insurance benefits, in days, during the one-year period.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.31 - Reports by insurance companies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the one-year period ending December 31 of each calendar year, each insurance company, which has assumed the liability to pay the family leave insurance benefits required under one or more private plans shall, on a form prescribed by the Division, file a statement, on or before the 30th day following the end of the one-year period showing the following information with regard to each of the following types of claims: care of sick child, care of sick spouse, care of sick domestic partner, care of sick civil union partner, care of sick parent, bonding by biological parent with a newborn child, bonding by domestic partner or civil union partner of biological parent with a newborn child, bonding by individual with newly adopted child:
1. The number of claims for family leave insurance benefits received during the one-year period;
2. The number of claims for family leave insurance benefits accepted during the one-year period;
3. The number of workers who received family leave insurance benefits during the one-year period;
4. The amount of family leave insurance benefits paid during the one-year period;
5. The average weekly family leave insurance benefit during the one-year period;
6. The amount of sick leave, vacation leave or other fully paid time, which resulted in reduced benefit duration during the one-year period;
7. With regard solely to family leave insurance benefit claims to care for sick family members, the amount of intermittent family leave benefits paid during the one-year period; and
8. The average duration of family leave insurance benefits, in days, during the one-year period.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.32 - Reports by employers having two or more plans

Current through Register Vol. 56, No. 14, July 15, 2024
On or before the 30th day following the close of each calendar year, each employer having two or more approved private plans in effect during such calendar year or any portion thereof shall, on a form prescribed by the Division, file a report showing the amount of taxable wages paid during such calendar year to employees while covered under each such private plan.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.33 - Continuation of plan on successor employer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If there is a change in the employer and the successor employer assumes the obligations and liability of the predecessor under the plan, the plan shall be transferred to the successor, if:
1. The workers to be covered by the plan immediately after the succession are not required to contribute to the cost of the plan;
2. The class or classes of workers covered by the plan immediately prior to the succession constitute a majority of the workers in the same class or classes employed by the successor immediately after the succession;
3. A majority of the workers in the class or classes covered by the plan in the employ of the successor immediately after the succession give their written consent to the plan; or
4. The plan is limited to the separate unit, plant, department or establishment operated by the predecessor and the provisions of (a)1, 2 or 3 above, are met with respect to such separate unit, plant, department or establishment.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 2 - PRIVATE PLANS › Section 12:21-2.34 - Employee contributions to private plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employee contributions to a private plan shall be deposited in a trust fund account and shall not be part of an employer's assets.
(b) Trust fund assets deposited by an employer as required under (a) above shall be used only for the administration and payment of family leave insurance benefits.
(c) Employers shall make trust fund accounts available for periodic inspection and audit by the Division at the discretion of the Director.
(d) Upon termination of a contributory private plan for family leave insurance benefits, excess contributions remaining in the trust account shall, after five completed calendar quarters, be remitted to the Division for deposit in the Fund.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 3 - STATE PLAN › Section 12:21-3.1 - Extent of coverage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claimant shall not be entitled to any benefits from the Fund with respect to any period of family leave commencing while he or she is covered under a private plan.
(b) A claimant shall not be paid any benefits under 43:21-3 and 4 for any period of family leave commencing while he or she is a "covered individual" as defined in 43:21-27(b)(2).
(c) An individual who is covered by a private plan or is separated from his or her employment for a period of two weeks or more immediately prior to the family leave shall not be entitled to any benefits under the State plan.
(d) If application for benefits is made under a private plan or for family leave insurance benefits during unemployment, 43:21-4, and it is determined that the claim should have been made under the State plan, a claimant shall not be deprived of benefits under the State plan for failure to give timely notice provided that:
1. The application to the private plan or for family leave insurance benefits during unemployment, 43:21-4, would have been timely noticed to the State plan if it had been then made; and
2. Proof of family leave is made under the State plan not later than the time prescribed by the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 3 - STATE PLAN › Section 12:21-3.2 - Notice and proof of family leave

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days after the commencement of a period of family leave, a written notice of family leave, on which a claim for State plan benefits is based, shall be furnished to the Division by the claimant. The notice need not be on any prescribed form but shall state the claimant's full name, address, and valid Social Security Number, as well as the date on which claimant begins the period of family leave. The filing of Form FL-1 (Proof and claim for family leave insurance benefits) or Form FL-2 (Proof and claim for family leave insurance benefits for bonding immediately following a State plan claim for pregnancy disability) shall constitute notice of family leave.
1. If an individual knows in advance when an anticipated period of family leave will commence, the individual may notify the employer of the anticipated period of family leave and submit to the Division a claim for benefits for that period, which shall include a statement of when the leave will commence and any certification requested by the Division, prior to, but not more than 60 days prior to, the date on which the period of family leave will commence.
2. The Division shall process the claim at (a)1 above immediately and, upon a finding that the claim is valid, shall pay the benefit upon the commencement of the period of family leave, except that if the Division receives the claim less than 30 days before the commencement of the period of family leave, the Division shall make the payment not more than 30 days after the receipt of the claim.
3. The periods of family leave to which the provisions at (a)1 and 2 above apply shall include, but not be limited to, any of the following if the commencement date of the period of leave is known in advance:
i. Periods of leave for care of a child of the individual after adoption or childbirth (including childbirth under a valid gestational carrier agreement);
ii. The placement of a child into foster care with the individual;
iii. Periods of leave for scheduled medical procedures, treatments, or appointments for a family member of the individual; and
iv. Periods of leave for scheduled ongoing care of a family member of the individual.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 3 - STATE PLAN › Section 12:21-3.3 - Filing of claims for benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All claims and other required documents relating thereto may be filed by mail or by such other means as prescribed by the Division (including by electronic means), except in those cases where the claimant is notified by the Division that a personal appearance will be required. Filing by mail or by such other means as prescribed by the Division (including by electronic means) shall be deemed complete based on the postmark date, or in its absence, the date received by the Division.
(b) Family leave insurance benefits shall be payable to any claimant while outside of this State, provided he or she complies with the Act and this subchapter.
(c) If an individual knows in advance when his or her period of family leave will commence, he or she may notify his or her employer of the anticipated period of leave and file a claim with the Division for that period. Such claim cannot be submitted earlier than 60 days prior to the commencement of the leave.
(d) The filing of claims in advance of the anticipated period of family leave shall include, but not be limited to, the following types of family temporary disability leave, if the commencement date of the leave is known in advance:
1. Periods of leave to care for a child of the individual after adoption or childbirth, including childbirth under a valid gestational carrier agreement and the placement of a child into foster care with the individual;
2. Periods of leave for scheduled medical procedures, treatments, or appointments for a family member of the individual; and
3. Periods of leave for scheduled ongoing care of a family member of the individual.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 3 - STATE PLAN › Section 12:21-3.4 - Reestablished claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a reestablished claim either where the care recipient is not the same as for the most recent previous claim or where the reestablished claim is filed during or following employment with a different employer than for the most recent previous claim, the claimant shall be required to serve a waiting period.
(b) For the claimant who satisfies the requirements of (a) above, the weekly benefit rate for the reestablished claim shall be recalculated pursuant to 43:21-40.
(c) For the claimant who satisfies the requirements of (a) above, the maximum total family leave insurance benefits payable in days for the existing 12-month period under 43:21-38, shall be reduced by the number of days in family leave insurance benefits, which have been paid to the claimant during that 12-month period.
(d) For a reestablished claim where both the care recipient is not the same as for the most recent previous claim and the reestablished claim is filed during or following employment with a different employer than for the most recent previous claim, the claimant shall be required to serve a waiting period.
(e) For the claimant who satisfies the requirements of (d) above, the weekly benefit rate for the reestablished claim shall be re-calculated pursuant to 43:21-40.
(f) For the claimant who satisfies the requirements of (d) above, the maximum total family leave insurance benefits payable in days for the existing 12-month period under 43:21-38, shall be reduced by the number of days in family leave insurance benefits which have been paid to the claimant during that 12-month period.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 3 - STATE PLAN › Section 12:21-3.6 - Concurrent coverage and multiple employers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A covered individual is in "concurrent employment" if he or she is in employment with two or more employers during the last calendar day of employment immediately preceding the period of family leave. The term "concurrent employers" means the covered employers with whom an employee was employed on the last day of employment.
(b) If an employee is in concurrent employment and only one employer has a private plan, then the employee shall be entitled to receive benefits under that private plan, if otherwise eligible. Such benefits shall not be less than he or she would be eligible to receive under the State plan with respect to all employment, if he or she were covered under the State plan. No benefits shall be payable under the State plan for family leave commencing while he or she is covered under such private plan.
(c) If an employee is in concurrent employment and all employers are covered under the State plan, an individual shall have his or her weekly benefit amount under the State plan computed on the basis of his or her total wages with all such employers during the base weeks in the eight calendar weeks immediately preceding the calendar week in which the family leave commenced.
(d) For FLI claims made 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 other employer.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 3 - STATE PLAN › Section 12:21-3.7 - Notice from claimant to the employer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With regard to a claim for family leave insurance benefits to bond with a newborn or newly adopted child, the covered individual shall provide the employer with notice of the period of family leave upon which the covered individual's claim for family leave benefits is based not less than 30 days prior to commencement of the family leave, unless the family leave commences while the individual is receiving unemployment benefits, in which case the covered individual shall notify the Division.
(b) Failure by the claimant to provide the employer with the 30 days notice set forth in (a) above, shall result in a reduction in the claimant's maximum family leave insurance benefits entitlement for the 12-month period by an amount of benefits attributable to two weeks of family leave, unless the time of the leave is unforeseeable or the time of the leave changes for unforeseeable reasons.
(c) With regard to a claim for family leave insurance benefits to care for a family member with a serious health condition, which family leave insurance benefits are taken on a continuous, non-intermittent basis, the claimant shall provide the employer with prior notice of the family leave in a reasonable and practicable manner, unless an emergency or other unforeseen circumstance precludes prior notice.
(d) Failure by the claimant to provide the employer with the notice set forth in (c) above, shall not result in a reduction in the claimant's maximum family leave insurance benefits entitlement, nor shall it result in the denial of a claim for family leave insurance benefits.
(e) With regard to a claim for family leave insurance benefits to care for a family member who has a serious health condition, which family leave insurance benefits are taken on an intermittent basis, the claimant shall provide the employer with prior notice of the family leave not less than 15 days prior to the first day on which family leave insurance benefits are paid for the intermittent leave, unless an emergency or other unforeseen circumstance precludes prior notice.
(f) Failure by the claimant to provide the employer with the notice set forth in (e) above, shall not result in a reduction in the claimant's maximum family leave insurance benefits entitlement, nor shall it result in the denial of a claim for family leave insurance benefits.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 3 - STATE PLAN › Section 12:21-3.8 - Notice from the Division to the claimant and employer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A claimant shall be given written notice of any decision on his or her claim and of the reason for any denial of his or her claim.
(b) If the "Employer's Statement" on the application for benefits has not been completed by an employer or his or her representative, a request for information shall be mailed or delivered to the employer or employers by whom the claimant was employed at the commencement of the family leave or by whom he or she was last employed if out of employment less than two weeks.
(c) A copy of the decision of eligibility of the claimant stating his or her weekly benefit rate and the probable duration for which benefits will be paid, shall be mailed or delivered to the employer or employers by whom such claimant was employed at the commencement of the family leave or by whom he or she was last employed if out of employment less than two weeks.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 3 - STATE PLAN › Section 12:21-3.9 - Notice required from employers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 10 days after the mailing of a request for information with respect to a period of family leave, an employer shall furnish the Division with any information requested or known to him or her, which may bear upon the eligibility of the claimant.
(b) If any employer or employing unit fails to respond to the request for information within 10 days after the mailing of such request, the Division shall rely entirely on information from other sources, including an affidavit completed by the claimant to the best of his or her knowledge and belief with respect to his or her wages and time worked. If it is determined that any information in such affidavit is erroneous, no penalty shall be imposed on the claimant except in the event of fraud.
(c) Any employer failing to respond to a request for information within the prescribed time period shall be subject to the penalties provided under 43:21-55(b).
(d) The employer, within two working days after receipt of the decision of eligibility, shall furnish the Division with any information known to him or her bearing upon the eligibility of the claimant or duration of payments to be made.
(e) If after receipt of a decision of eligibility an employer acquires information, which may render the claimant ineligible for benefits or reduce the rate or amount of benefits, such employer shall immediately forward the information to the Division.
(f) The employer shall, within nine days from the beginning of an employee's FLI leave, or after the employee notifies the employer of an anticipated period of FLI leave, whichever comes first, furnish the Division (with a copy to the claimant) with any requested information to establish the eligibility of the claimant, including the claimant's:
1. Name;
2. Address;
3. Social Security number;
4. Such wage information as the Division requires to determine eligibility for benefits, including sick pay, vacation, or other paid time off provided by the employer during the period of FLI leave; and
5. The name, address, and Division identity number of the employer.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 3 - STATE PLAN › Section 12:21-3.10 - Intermittent leave

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A covered individual shall be eligible for family leave insurance benefits where the covered individual seeks to take intermittent family leave for the purpose of bonding with a newborn or newly adopted child, including a child who becomes the child of a parent pursuant to a valid written agreement between the parent and a gestational carrier, or placement of a child in foster care.
1. Prior to taking the leave, an employee shall provide the employer with prior notice 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 employer's operations; and, if possible, prior to the commencement of the leave, provides the employer with a regular schedule of the requested leave.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 3 - STATE PLAN › Section 12:21-3.11 - School employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Between academic years or terms or during a school-wide recess, for an individual who is an employee of an educational institution and who has a reasonable assurance of returning to work in the same or similar capacity during the succeeding academic year or term or following a period of school-wide recess, such individual shall be considered a covered individual and in-employment between academic years or terms or during a school-wide recess.
(b) Under the circumstances set forth in (a) above, the individual who does not work for the educational institution between academic years or terms or during a school-wide recess shall not be eligible for family leave insurance benefits between academic years or terms or during a school-wide recess.
(c) Under the circumstances set forth in (a) above, where the individual who is an employee of an educational institution has sufficient base year wages in other covered employment and where these wages are sufficient to establish a valid claim, family leave insurance benefits shall be paid based only upon the wages from such other covered employment for the period of time between the academic years or terms or during the school-wide recess.
(d) When an employee files a claim for family leave insurance benefits immediately following a period between academic years or terms or immediately following a school-wide recess covered under (a) above, because the employee is considered a covered individual and in employment during the period between academic years or terms or the school-wide recess immediately preceding the claim for family leave benefits, the claimant's lack of remuneration during the 14 days preceding the filing of the family leave insurance benefits claim shall not preclude coverage of the employee's claim for family leave insurance benefits under the State plan or a private plan.
(e) Under the circumstances set forth in (c) and (d) above, as in all circumstances, the "average weekly wage," which is a key component of the family leave insurance benefits calculation, shall be determined in accordance with 43:21-27(j).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 3 - STATE PLAN › Section 12:21-3.12 - Leaves of absence and continuity of employment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee who is on a voluntary and mutually agreed upon leave of absence, whether that leave of absence is paid or unpaid, including a leave of absence covered under the Federal Medical and Family Leave Act or the New Jersey Family Leave Act, shall be considered a covered individual and in-employment during such a leave of absence.
(b) When an employee files a claim for family leave insurance benefits immediately following a period of voluntary and mutually agreed upon leave of absence covered under (a) above, because the employee is considered a covered individual and in employment during the period of voluntary and mutually agreed upon leave of absence immediately preceding the claim for family leave benefits, the claimant's lack of remuneration during the 14 days preceding the filing of the family leave insurance benefits claim shall not preclude coverage of the employee's claim for family leave insurance benefits under the State plan or a private plan.
(c) Under the circumstances set forth in (b) above, as in all circumstances, the "average weekly wage," which is a key component of the family leave insurance benefits calculation, shall be determined in accordance with 43:21-27(j).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 3 - STATE PLAN › Section 12:21-3.13 - Filing of appeals

Current through Register Vol. 56, No. 14, July 15, 2024
Unless the claimant or the employer, within seven calendar days after the delivery of a determination or notification thereof, or within 10 calendar days after such notification was mailed to his or her last-known address, files an appeal from such determination, it shall be final and benefits shall be paid or denied in accordance therewith.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 3 - STATE PLAN › Section 12:21-3.14 - Rules on appeal

Current through Register Vol. 56, No. 14, July 15, 2024
The rules of the Board of Review shall govern appeals in family leave insurance benefit cases under the State plan. See the appeal rules at N.J.A.C. 12:20.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 3 - STATE PLAN › Section 12:21-3.15 - Family leave insurance benefit calculation during period from July 1, 2009 through December 31, 2009

Current through Register Vol. 56, No. 14, July 15, 2024
For the purpose of calculating the amount of family leave insurance benefits to which a covered individual is entitled with regard to a claim filed between July 1, 2009 and December 31, 2009, all wages earned during the 52 weeks immediately preceding the filing of the claim shall be used, including wages earned between July 1, 2008 and December 31, 2008, notwithstanding that no employee contributions to the Fund were collected under P.L. 2008, c. 17, prior to January 1, 2009.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 23 - WORKFORCE DEVELOPMENT PARTNERSHIP PROGRAM › Subchapter 2 - CUSTOMIZED TRAINING SERVICES; PURPOSE, ELIGIBILITY AND SCOPE › Section 12:23-2.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to establish procedures concerning the application and approval process for customized training services under the Workforce Development Partnership (WDP) Program.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 23 - WORKFORCE DEVELOPMENT PARTNERSHIP PROGRAM › Subchapter 2 - CUSTOMIZED TRAINING SERVICES; PURPOSE, ELIGIBILITY AND SCOPE › Section 12:23-2.2 - Eligibility and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following shall be eligible for customized training services:
1. An individual employer who seeks customized training services to create, upgrade, or retain jobs in a labor demand occupation;
2. An individual employer who seeks customized training services to upgrade or retain jobs in an occupation which is not a labor demand occupation, if the Commissioner determines that the services are necessary to prevent the likely loss of jobs with a negative impact on currently employed workers, or that the services are being provided to employees at a facility which is being relocated into New Jersey;
3. An employer organization, labor organization, or community-based organization seeking customized training services to provide training in labor demand occupations in a particular industry; or
4. A consortium made up of one or more educational or training institutions and one or more eligible individual employers or labor, employer, or community-based organizations which seek customized training services to provide training in labor demand occupations in a particular industry.