N.J. Admin. Code § 12:17-9.12

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

Section 12:17-9.12 - Leaving work or discharge due to circumstances resulting from the individual being the victim of domestic violence

(a) Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits because the individual left work or was discharged due to circumstances resulting from the individual being a victim of domestic violence as defined in 2C:25-19.

(b) No employer's account, including non-profit and governmental entities electing the reimbursable method pursuant to 43:21-7.2, shall be charged for the payment of benefits to an individual who left work due to circumstances resulting from the individual being a victim of domestic violence.

(c) For the purposes of this section, the individual shall be treated as being a victim of domestic violence if the individual provides one or more of the following:

1. A restraining order or other documentation of equitable relief issued by a court of competent jurisdiction;

2. A police record documenting the domestic violence;

3. Documentation that the perpetrator of the domestic violence has been convicted of one or more of the offenses enumerated in 2C:25-19;

4. Medical documentation of the domestic violence issued by a licensed medical practitioner;

5. Certification from a certified Domestic Violence Specialist or the director of a designated domestic violence agency that the individual is a victim of domestic violence; or

6. Other documentation or certification of the domestic violence provided by a social worker, member of the clergy, shelter worker or other professional who has assisted the individual in dealing with the domestic violence.

(d) The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise:

"Certified Domestic Violence Specialist" means a person who has fulfilled the requirements of certification as a Domestic Violence Specialist established by the New Jersey Association of Domestic Violence Professionals.

"Designated domestic violence agency" means a county-wide organization with a primary purpose to provide services to victims of domestic violence, and which provides services that conform to the core domestic violence services profile as defined by the Division of Youth and Family Services in the Department of Human Services and is under contract with the Division for the express purpose of providing such services.

N.J. Admin. Code § 12:17-9.12

New Rule, R.2000 d.326, effective 8/7/2000.
See: 32 New Jersey Register 1699(a), 32 New Jersey Register 2907(a).
Recodified from N.J.A.C. 12:17-9.11 and amended by R.2003 d.276, effective 7/7/2003.
See: 35 New Jersey Register 1527(a), 35 New Jersey Register 2874(b).
Rewrote (b).