N.J. Admin. Code § 12:18-3.11

Current through Register Vol. 56, No. 18, September 16, 2024

Section 12:18-3.11 - Reduced work week

(a) Benefits shall be compensable under N.J.S.A. 43:21-29 for any period of disability "resulting in the individual's total inability to perform the duties of employment." Benefits shall also be compensable at a fractional part of the week as provided in N.J.S.A. 43:21-40 in such cases where the claimant was in employment with a full-time employer and a part-time employer immediately preceding the period of disability if the claimant is unable to perform the duties of his or her regular full-time employment, but he or she is able to perform totally different duties with his or her part-time employer.

(b) 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 a 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 unable to perform the duties of employment due to disability, provided that:

1. The individual must have been 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 pursuant to 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 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 to increase the total number of weeks of disability benefits for which the individual is eligible.

(c) For the purpose 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.

N.J. Admin. Code § 12:18-3.11

New Rule, R.1998 d.157, effective 4/6/1998.
See: 30 New Jersey Register 12(a), 30 New Jersey Register 1288(a).

Amended by 55 N.J.R. 306(a), effective 2/21/2023