New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS › Subchapter 3 - STATE PLAN › Section 12:21-3.5 - Reduction of benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The amount of benefits otherwise payable to a claimant under the State plan for any week of family leave, or part thereof, shall be reduced by the amount paid concurrently under any governmental or private retirement, pension or permanent disability benefit or allowance program to which his or her most recent employing unit contributed on his or her behalf. If such latter benefits are being paid on a monthly basis, the amount thereof to be deducted for each day of family leave shall be determined as 1/30 of such monthly amount, multiplied by seven, and the amount (disregarding any fractional part of a dollar) shall be subtracted from the weekly benefit rate. If such latter benefits are being paid on a weekly basis, the amount thereof to be deducted for each day of family leave shall be determined as 1/7 of the weekly amount multiplied by the number of days of family leave during that week and that amount (disregarding any fractional part of a dollar) shall be subtracted from the weekly benefit rate.
(b) The amount of benefits payable to a claimant under the State plan for any week of family leave, or part thereof, shall not be reduced by the amount of benefits payable under any program as mentioned above, unless one or more payments thereunder have been received by the claimant prior to the date on which the check in payment of benefits under the State plan is issued.
(c) The employer of a claimant may permit the claimant, during a period of family leave, to use in excess of two weeks of paid sick leave, paid vacation time or other leave at full pay.
(d) Where the employer does not request a reduction of maximum family leave insurance benefits entitlement under (e) above, the State plan or private plan, as the case may be, shall not reduce the claimant's maximum family leave insurance benefits entitlement during the 12-month period by the number of days of leave at full pay paid by the employer to the claimant during the period of family leave.
(e) When the employer permits the claimant to use paid sick leave, paid vacation time or other leave at full pay under (d) above, the claimant's maximum family leave insurance benefits entitlement during the 12-month period shall not be reduced by the number of days of leave at full pay permitted by the employer to be used by the claimant under (d) above and which has been paid by the employer to the claimant during the period of family leave.
(f) When the employer permits the claimant to use paid sick leave, paid vacation time or other leave at full pay under (d) above, no family leave insurance benefits shall be payable during the period that the claimant is absent from work using paid sick leave, paid vacation time or other leave at full pay.
(g) An employee's maximum family leave insurance benefit entitlement under the State plan 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 a private plan or under N.J.S.A. 43:21-3 and 4 as an unemployed claimant.