N.J. Admin. Code § 12:21-3.11

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

Section 12:21-3.11 - School employees

(a) Between academic years or terms or during a school-wide recess, for an individual who is an employee of an educational institution and who has a reasonable assurance of returning to work in the same or similar capacity during the succeeding academic year or term or following a period of school-wide recess, such individual shall be considered a covered individual and in-employment between academic years or terms or during a school-wide recess.

(b) Under the circumstances set forth in (a) above, the individual who does not work for the educational institution between academic years or terms or during a school-wide recess shall not be eligible for family leave insurance benefits between academic years or terms or during a school-wide recess.

(c) Under the circumstances set forth in (a) above, where the individual who is an employee of an educational institution has sufficient base year wages in other covered employment and where these wages are sufficient to establish a valid claim, family leave insurance benefits shall be paid based only upon the wages from such other covered employment for the period of time between the academic years or terms or during the school-wide recess.

(d) When an employee files a claim for family leave insurance benefits immediately following a period between academic years or terms or immediately following a school-wide recess covered under (a) above, because the employee is considered a covered individual and in employment during the period between academic years or terms or the school-wide recess immediately preceding the claim for family leave benefits, the claimant's lack of remuneration during the 14 days preceding the filing of the family leave insurance benefits claim shall not preclude coverage of the employee's claim for family leave insurance benefits under the State plan or a private plan.

(e) Under the circumstances set forth in (c) and (d) above, as in all circumstances, the "average weekly wage," which is a key component of the family leave insurance benefits calculation, shall be determined in accordance with 43:21-27(j).

N.J. Admin. Code § 12:21-3.11