N.J. Admin. Code § 12:21-3.7

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

Section 12:21-3.7 - Notice from claimant to the employer

(a) With regard to a claim for family leave insurance benefits to bond with a newborn or newly adopted child, the covered individual shall provide the employer with notice of the period of family leave upon which the covered individual's claim for family leave benefits is based not less than 30 days prior to commencement of the family leave, unless the family leave commences while the individual is receiving unemployment benefits, in which case the covered individual shall notify the Division.

(b) Failure by the claimant to provide the employer with the 30 days notice set forth in (a) above, shall result in a reduction in the claimant's maximum family leave insurance benefits entitlement for the 12-month period by an amount of benefits attributable to two weeks of family leave, unless the time of the leave is unforeseeable or the time of the leave changes for unforeseeable reasons.

(c) With regard to a claim for family leave insurance benefits to care for a family member with a serious health condition, which family leave insurance benefits are taken on a continuous, non-intermittent basis, the claimant shall provide the employer with prior notice of the family leave in a reasonable and practicable manner, unless an emergency or other unforeseen circumstance precludes prior notice.

(d) Failure by the claimant to provide the employer with the notice set forth in (c) above, shall not result in a reduction in the claimant's maximum family leave insurance benefits entitlement, nor shall it result in the denial of a claim for family leave insurance benefits.

(e) With regard to a claim for family leave insurance benefits to care for a family member who has a serious health condition, which family leave insurance benefits are taken on an intermittent basis, the claimant shall provide the employer with prior notice of the family leave not less than 15 days prior to the first day on which family leave insurance benefits are paid for the intermittent leave, unless an emergency or other unforeseen circumstance precludes prior notice.

(f) Failure by the claimant to provide the employer with the notice set forth in (e) above, shall not result in a reduction in the claimant's maximum family leave insurance benefits entitlement, nor shall it result in the denial of a claim for family leave insurance benefits.

N.J. Admin. Code § 12:21-3.7