Section 43:21-39 - Limitation of benefits Notwithstanding any other provision of the "Temporary Disability Benefits Law," P.L. 1948, c.110 (C.43:21-25 et al.), no benefits shall be payable under the State plan to any individual:
(a) for the first seven consecutive days of each period of disability; except that: (1) if benefits shall be payable for three consecutive weeks with respect to any period of disability, then benefits shall also be payable with respect to the first seven days thereof;(2) (Deleted by amendment, P.L. 2019, c. 37)(3) in the case of an individual taking family temporary disability leave, there shall be no waiting period;(4) if the benefits shall be payable for a period of disability which is the result of the donation of any organ or bone marrow by the covered individual, then benefits shall be payable with respect to the first seven days thereof; and(5) the seven-day waiting period shall not apply to benefits for a period of disability if the disability is as described in subsection (d) of section 5 of P.L. 1948, c.110 (C.43:21-29), or is for leave as described in subsection (c) of section 5 of P.L. 1948, c.110 (C.43:21-29);(b)(1) for more than 26 weeks with respect to any one period of disability of the individual;(2) for more than six weeks with respect to any one period of family temporary disability leave commencing before July 1, 2020 and more than 12 weeks if the period of leave commences on or after July 1, 2020, or for more than 42 days with respect to any one period of family temporary disability leave commencing before July 1, 2020 and more than 56 days if the period of leave commences on or after July 1, 2020, and is taken on an intermittent basis; and(3) for more than six weeks of family temporary disability leave during any 12-month period commencing before July 1, 2020 and more than 12 weeks for any 12-month period commencing on or after July 1, 2020, or for more than 42 days of family temporary disability leave taken during any 12-month period commencing before July 1, 2020 and more than 56 days if the period of leave commences on or after July 1, 2020, on an intermittent basis, including family temporary disability leave taken pursuant to R.S. 43:21-4(f)(2) while unemployed;(c) for any period of disability which did not commence while the claimant was a covered individual;(d) for any period of disability of a claimant during which the claimant is not under the care of a legally licensed physician, dentist, optometrist, podiatrist, practicing psychologist, advanced practice nurse, certified nurse midwife, or chiropractor, who, when requested by the division, shall certify within the scope of the practitioner's practice, the disability of the claimant, the probable duration thereof, and, where applicable, the medical facts within the practitioner's knowledge or for any period of family temporary disability leave for a serious health condition of a family member of the claimant, during which the family member is not receiving inpatient care in a hospital, hospice, or residential medical care facility or is not subject to continuing medical treatment or continuing supervision by a health care provider, who, when requested by the division, shall certify within the scope of the provider's practice, the serious health condition of the family member, the probable duration thereof, and, where applicable, the medical facts within the provider's knowledge;(e) (Deleted by amendment, P.L. 1980, c.90.)(f) for any period of disability due to willfully and intentionally self-inflicted injury, or to injury sustained in the perpetration by the claimant of a crime of the first, second, third, or fourth degree, or for any period during which a covered individual would be disqualified for unemployment compensation benefits for gross misconduct under subsection (b) of R.S. 43:21-5;(g) for any period during which the claimant performs any work for remuneration or profit, except that, in a case of a claim for benefits for a period of family temporary disability on or after July 1, 2020 in which the covered individual has more than one employer, the individual shall have the option of claiming benefits for leave taken from one employer, based on wages paid by that employer, on the condition that the individual does not, during the period for which the benefits are paid, increase the amount of employment time with any one employer;(h) in a weekly amount which together with any remuneration the claimant continues to receive from the employer would exceed regular weekly wages immediately prior to disability;(i) for any period during which a covered individual would be disqualified for unemployment compensation benefits under subsection (d) of R.S. 43:21-5, unless the disability commenced prior to such disqualification;(j) for any period during which the claimant receives any paid sick leave, vacation time or other leave at full pay from the employer of the individual; and there shall be no other cause of disqualification or ineligibility to receive disability benefits hereunder except as may be specifically provided in P.L. 1948, c.110 (C.43:21-25 et al.).
Amended by L. 2020, c. 23, s. 6, eff. 4/14/2020.Amended by L. 2020, c. 17, s. 7, eff. 3/25/2020.Amended by L. 2019, c. 464, s. 2, eff. 5/20/2020.Amended by L. 2019, c. 37, s. 12, eff. 2/19/2019.Amended by L. 2009, c. 114,s. 1, eff. 8/12/2009.Amended by L. 2008, c. 17,s. 6, eff. 5/2/2008.Amended by L. 2007, c. 322,s. 1, eff. 1/13/2008.Amended by L. 2004, c. 168, s. 2, eff. 12/7/2004.L.1948, c.110, s.15; amended 1961, c.43, s.11; 1967, c.30, s.9; 1980, c.90, s.14; 1983, c.47; 1989, c.213, s.2.