New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS
Subchapter 3 - STATE PLAN
Section 12:21-3.10 - Intermittent leave

Universal Citation: NJ Admin Code 12:21-3.10

Current through Register Vol. 56, No. 18, September 16, 2024

(a) A covered individual shall be eligible for family leave insurance benefits where the covered individual seeks to take intermittent family leave for the purpose of bonding with a newborn or newly adopted child, including a child who becomes the child of a parent pursuant to a valid written agreement between the parent and a gestational carrier, or placement of a child in foster care.

1. Prior to taking the leave, an employee shall provide the employer with prior notice not less than 15 days before the first day on which benefits are paid for the intermittent leave, unless an emergency or other unforeseen circumstance precludes prior notice; and the covered individual makes a reasonable effort to schedule the leave, so as not to unduly disrupt the employer's operations; and, if possible, prior to the commencement of the leave, provides the employer with a regular schedule of the requested leave.

(b) A covered individual shall be eligible for family leave insurance benefits where the covered individual seeks to take intermittent family leave for the purpose of providing care for a family member who has a serious health condition, so long as the following conditions are met:

1. The covered individual can establish that it is medically necessary to take the family leave intermittently;

2. The total period within which the intermittent family leave is to be taken does not exceed 12 months;

3. The covered individual makes a reasonable effort to schedule the leave, so as not to unduly disrupt the operations of the employer; and

4. Where possible, prior to the commencement of the intermittent family leave, the covered individual provides the employer with a regular schedule of the day or days of the week on which the intermittent family leave will be taken.

(c) In order to establish eligibility for family leave insurance benefits for a period of intermittent family leave to care for a family member with a serious health condition, a covered individual shall be required to support the claim for family leave benefits with a certification from a health care provider, which states the following:

1. The date, if known, on which the serious health condition of the family member commenced;

2. The probable duration of the serious health condition of the family member;

3. The medical facts regarding the serious health condition of the family member, of which the health care provider has personal knowledge;

4. A statement that the serious health condition of the family member requires the participation of the covered individual in providing care to the family member;

5. An estimate of the amount of time, total time and frequency (for example, for a total of three months, two days per week) that the services of the covered individual are required in order to participate in providing care to the family member;

6. A statement as to the medical necessity for the intermittent leave and the expected duration of the intermittent leave; and

7. The dates of treatment of the family member if the family leave is for planned medical treatment.

(d) A covered individual shall be eligible for FLI benefits where the covered individual seeks to take intermittent family leave for the purpose of engaging in activities for which unpaid leave may be taken pursuant to section 3 of the New Jersey Security and Financial Empowerment Act, P.L. 2013, c. 82(codified at N.J.S.A. 34:11C-3), on the individual's own behalf, if the individual is a victim of an incident of domestic violence or a sexually violent offense, or to assist a family member of the individual who has been a victim of an incident of domestic violence or a sexually violent offense.

1. Prior to taking the leave, an employee shall, if the necessity for the leave is foreseeable, and unless an emergency or other unforeseen circumstances precludes prior notice, provide the employer as far in advance as is reasonable and practical, with written notice of the need for the leave.

(e) If a covered individual seeks to take intermittent family leave for the purpose described at (d) above, the Division may require the individual to submit a certification that meets the standards specified by subsection c. of section 3 at P.L. 2013, c. 82(N.J.S.A. 34:11C-3), whether or not the individual's employer has requested such documentation.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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