N.J. Admin. Code § 12:21-3.3

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

Section 12:21-3.3 - Filing of claims for benefits

(a) All claims and other required documents relating thereto may be filed by mail or by such other means as prescribed by the Division (including by electronic means), except in those cases where the claimant is notified by the Division that a personal appearance will be required. Filing by mail or by such other means as prescribed by the Division (including by electronic means) shall be deemed complete based on the postmark date, or in its absence, the date received by the Division.

(b) Family leave insurance benefits shall be payable to any claimant while outside of this State, provided he or she complies with the Act and this subchapter.

(c) If an individual knows in advance when his or her period of family leave will commence, he or she may notify his or her employer of the anticipated period of leave and file a claim with the Division for that period. Such claim cannot be submitted earlier than 60 days prior to the commencement of the leave.

(d) The filing of claims in advance of the anticipated period of family leave shall include, but not be limited to, the following types of family temporary disability leave, if the commencement date of the leave is known in advance:

1. Periods of leave to care for a child of the individual after adoption or childbirth, including childbirth under a valid gestational carrier agreement and the placement of a child into foster care with the individual;

2. Periods of leave for scheduled medical procedures, treatments, or appointments for a family member of the individual; and

3. Periods of leave for scheduled ongoing care of a family member of the individual.

(e) The Division shall process a claim filed in advance of the anticipated period of family leave immediately and, upon finding that the claim is valid, shall pay the benefits upon the commencement of the period of leave, except that if the Division receives such claim less than 30 days before the commencement of leave it shall pay the benefits not more than 30 days after receipt of the claim.

N.J. Admin. Code § 12:21-3.3

Amended by 55 N.J.R. 1836(a), effective 8/21/2023