N.J. Admin. Code § 12:17-22.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:17-22.2 - Notice and proof of family leave

(a) A written notice of family leave on which a claim for family leave insurance benefits during unemployment is based shall, within 30 days after the commencement of the period of family leave 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 unable 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 with the individual. The filing of Form FL-1 (Proof and claim for family leave insurance benefits) shall constitute notice of family leave.

(b) Proof of family leave on which a claim for benefits under the family leave insurance benefits during unemployment program is based shall be furnished by any claimant who expects to be unable 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. Such proof may also be furnished by the claimant's authorized representative. When requested by the Division, additional certification from a health care provider or licensed medical practitioner shall be filed as proof of continued 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.

(c) The failure to furnish written notice of or proof of family leave 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 family leave, subject to the waiting period requirement. For purposes of this subsection, "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 or her claim within the prescribed period.

(d) If a claimant knows in advance when a period of family leave will commence, the claimant, or an authorized representative of the claimant, may furnish written notice of family leave on which a claim for family leave insurance benefits is based, which shall include a statement of when the period will commence and any certification required, pursuant to N.J.S.A. 43:21-39.2, prior, but not more than 60 days prior to, the date that the period will commence.

(e) The periods of family leave to which (d) above shall apply shall include, but shall not be limited to, any of the following if the commencement date of the leave is known in advance:

1. Periods of leave for care of a child of the claimant after adoption, the placement of a child into foster care, or childbirth, including childbirth under a valid agreement between the individual and a gestational carrier;

2. Periods of leave for scheduled medical procedures, treatments, or appointments for a family member of the claimant;

3. Periods of leave for scheduled ongoing care of a family member of the claimant.

N.J. Admin. Code § 12:17-22.2

Amended by 55 N.J.R. 1025(b), effective 5/15/2023