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A1202
ASSEMBLY, No. 1202
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman ALEXANDER "AVI" SCHNALL
District 30 (Monmouth and Ocean)
SYNOPSIS
���� Revises calculation of daily benefit rate under
temporary disability and family temporary disability leave.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
revising the calculation of benefit rates under
temporary disability and family temporary disability leave and amending
P.L.1948, c.110.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 16 of P.L.1948,
c.110 (C.43:21-40) is amended to read as follows:
���� 16.� a. For periods of
disability commencing on or after October 1, 1984, an individual's weekly
benefit rate shall be two-thirds of his average weekly wage, subject to a
maximum of 53% of the Statewide average weekly remuneration paid to workers by
employers, as determined under subsection (c) of R.S.43:21-3, except as
provided in subsection b. of this section.
���� b.��� For periods of
disability commencing on or after July 1, 2020, and for periods of family
temporary disability leave commencing on or after July 1, 2020, an individual's
weekly benefit rate shall be 85% of the individual's average weekly wage,
subject to a maximum of 70% of the Statewide average weekly remuneration paid
to workers by employers.
���� c.��� Each individual's
benefit rate shall be computed to the next lower multiple of $1.00 if not
already a multiple thereof.� The amount of benefits for each day of disability
for which benefits are payable shall be
[
one-seventh
of
]
based
on
the corresponding weekly benefit amount
, calculated as the worth of a
day used for each day of disability
; provided that the total benefits for a
fractional part of a week shall be computed to the next lower multiple of $1.00
if not already a multiple thereof.
���� d.��� For any week beginning
on or after the effective date of P.L.2019, c.126, 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 the 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 totally unable to perform the duties of
employment due to disability, provided that:
���� (1)� The individual must have
been totally 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 under 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 to 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 as increasing the total number of weeks of
disability benefits for which the individual is eligible.
���� For the purposes 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.
(cf: P.L.2019, c.126, s.2)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill changes the
calculation of benefits payable under temporary disability and family temporary
disability leave for each day of disability from one-seventh of the
corresponding weekly benefit amount to the corresponding weekly benefit amount
calculated as the worth of a day used for each day of disability.