New Jersey Statutes 43:21-40. Benefit rates, partial benefits
Terms Used In New Jersey Statutes 43:21-40
- Average weekly wage: means the amount derived by dividing an individual's total wages received during his base year base weeks (as defined in subsection (t) of this section) from that most recent base year employer with whom he has established at least 20 base weeks, by the number of base weeks in which such wages were earned. See New Jersey Statutes 43:21-19
- Benefits: means the money payments payable to an individual, as provided in this chapter (R. See New Jersey Statutes 43:21-19
- Division: means the Division of Unemployment and Temporary Disability Insurance of the Department of Labor and Workforce Development, and any transaction or exercise of authority by the director of the division thereunder, or under this chapter (R. See New Jersey Statutes 43:21-19
- Employer: means : (1) Any employing unit which in either the current or the preceding calendar year paid remuneration for employment in the amount of $1,000. See New Jersey Statutes 43:21-19
- Employment: means : (A) Any service performed prior to January 1, 1972, which was employment as defined in the "unemployment compensation law" (R. See New Jersey Statutes 43:21-19
- period of disability: means the period defined as a period of disability by section 3 of the "Temporary Disability Benefits Law" P. See New Jersey Statutes 43:21-19
- Remuneration: means all compensation for personal services, including commission and bonuses and the cash value of all compensation in any medium other than cash. See New Jersey Statutes 43:21-19
- Wages: means remuneration paid by employers for employment. See New Jersey Statutes 43:21-19
- Week: means for benefit years commencing on or after October 1, 1984, the calendar week ending at midnight Saturday, or as the division may by regulation prescribe. See New Jersey Statutes 43:21-19
b. For periods of disability commencing on or after July 1, 2020, and for periods of family temporary disability leave commencing on or after July 1, 2020, an individual’s weekly benefit rate shall be 85% of the individual’s average weekly wage, subject to a maximum of 70% of the Statewide average weekly remuneration paid to workers by employers.
c. Each individual’s benefit rate shall be computed to the next lower multiple of $1.00 if not already a multiple thereof. The amount of benefits for each day of disability for which benefits are payable shall be one-seventh of the corresponding weekly benefit amount; provided that the total benefits for a fractional part of a week shall be computed to the next lower multiple of $1.00 if not already a multiple thereof.
d. For any week beginning on or after the effective date of P.L.2019, c.126, with respect to a period of disability of an individual who is otherwise eligible for benefits but only able to return to work on a reduced basis while recovering from the disability, the individual, if permitted by the employer to return to work on the reduced basis, shall be paid an amount of benefits with respect to that week such that the sum of the wages and those benefits paid to the individual, rounded to the next lower multiple of $1.00, will equal the weekly benefit amount the individual would have been paid if totally unable to perform the duties of employment due to disability, provided that:
(1) The individual must have been totally unable to perform the duties of employment due to disability and receiving full benefits for at least seven consecutive days prior to claiming partial benefits under this subsection;
(2) The maximum duration of partial benefits paid pursuant to this subsection is eight weeks, unless the division, after a review of medical documentation from a qualified healthcare provider, approves in writing an extension beyond eight weeks, but in no case shall the duration be extended to more than 12 weeks; and
(3) If the individual is able to return to work on a reduced basis but the employer is unable or otherwise chooses not to permit the individual to do so, the individual will continue to be eligible for benefits until the individual is fully recovered from the disability and able to perform the duties of employment, but nothing in this subsection shall be construed as increasing the total number of weeks of disability benefits for which the individual is eligible.
For the purposes of this section, “qualified healthcare provider” means a legally licensed physician, dentist, podiatrist, chiropractor, certified nurse midwife, advanced practice nurse or public health nurse designated by the division.
L.1948, c.110, s.16; amended 1950, c.173, s.4; 1952, c.188, s.4; 1955, c.202; 1961, c.43, s.12; 1967, c.30, s.10; 1984, c.24, s.19; 1984, c.104, s.3; 2019, c.37, s.17; 2019, c.126, s.2.