N.J. Admin. Code § 12:69-3.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 12:69-3.1 - Benefit year: establishment; notification to Commissioner of proposed change; imposition by the Commissioner

(a) (Reserved)

(b) In the event the employer proposes to change the benefit year, the employer shall provide notice to the Commissioner at least 30 calendar days prior to the proposed change.

(c) Notice under (b) above shall:

1. Be in writing;

2. Specify the existing benefit year;

3. Specify the proposed new benefit year;

4. Indicate the effective date of the new benefit year;

5. Indicate the reason for the change in benefit year; and

6. Include a current list of employees with corresponding contact information, including phone number and home address, and a corresponding history of accrual, use, payment, payout, and carry-over of earned sick leave for each employee for the preceding two benefit years.

(d) Where, based on an evaluation of the information contained in the notification provided under (c) above and any other information obtained by the Commissioner, the Commissioner determines that the employer is proposing a change to the benefit year at a time or in a way that would prevent the accrual or use of earned sick leave by an employee, the Commissioner shall impose a benefit year on the employer.

(e) Where a benefit year has been imposed by the Commissioner upon an employer under (d) above, the employer shall not be eligible to submit a subsequent notification of proposed change to the benefit year prior to one year from the date of the earlier notification.

(f) When the Commissioner imposes a benefit year upon an employer under (d) above, the employer shall have the right to file an appeal.

(g) An appeal under (f) above must be received by the Commissioner within 15 business days following receipt by the employer of notification of the imposed benefit year under (d) above.

(h) The Commissioner shall decide any appeal filed under (f) above on the written record or shall provide a hearing in accordance with N.J.A.C. 12:69-1.6.

N.J. Admin. Code § 12:69-3.1

Adopted by 52 N.J.R. 20(a), effective 1/6/2020