N.J. Admin. Code § 10:90-4.5

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:90-4.5 - Conditions under which CWEP and AWEP shall be regarded as employment

(a) Participation by a recipient in CWEP or AWEP activity provided by a sponsor, pursuant to the Federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," P.L. 104-193, shall not be considered employment for any purpose, except that such participation shall be regarded as employment as follows:

1. The "Law Against Discrimination," P.L. 1945, c.169 (10:5-1 et seq.), and the sponsor, not the program, shall be deemed the employer for purposes of any action brought under this act;.

2. The "New Jersey Public Employees' Occupational Safety and Health Act," P.L. 1983, c.516 (34:6A-25 et seq.) when the sponsor is a public employer subject to this Act;

3. The "Conscientious Employee Protection Act," P.L. 1986, c.105 (34:19-1 et seq.) and the "Worker and Community Right to Know Act," P.L. 1983, c.315 (34:5A-1 et seq.);

4. The purposes of Chapter 15 of Title 34 of the Revised Statutes (Worker's Compensation), and the participant shall be regarded an employee of the State and the sponsor, subject to the provisions set forth below at 10:90-4.6; and

5. The "Family Leave Act," P.L. 1989, c.261 (34:11B-1 et seq.) and the recipient shall be entitled to family leave, to the same degree as any similarly situated employee of the sponsor, as well as family and medical leave pursuant to Federal law.

N.J. Admin. Code § 10:90-4.5

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).
Added N.J.S.A. references throughout.