New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 21 - FAMILY LEAVE INSURANCE BENEFITS
Subchapter 3 - STATE PLAN
Section 12:21-3.9 - Notice required from employers

Universal Citation: NJ Admin Code 12:21-3.9

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

(a) Within 10 days after the mailing of a request for information with respect to a period of family leave, an employer shall furnish the Division with any information requested or known to him or her, which may bear upon the eligibility of the claimant.

(b) If any employer or employing unit fails to respond to the request for information within 10 days after the mailing of such request, the Division shall rely entirely on information from other sources, including an affidavit completed by the claimant to the best of his or her knowledge and belief with respect to his or her wages and time worked. If it is determined that any information in such affidavit is erroneous, no penalty shall be imposed on the claimant except in the event of fraud.

(c) Any employer failing to respond to a request for information within the prescribed time period shall be subject to the penalties provided under 43:21-55(b).

(d) The employer, within two working days after receipt of the decision of eligibility, shall furnish the Division with any information known to him or her bearing upon the eligibility of the claimant or duration of payments to be made.

(e) If after receipt of a decision of eligibility an employer acquires information, which may render the claimant ineligible for benefits or reduce the rate or amount of benefits, such employer shall immediately forward the information to the Division.

(f) The employer shall, within nine days from the beginning of an employee's FLI leave, or after the employee notifies the employer of an anticipated period of FLI leave, whichever comes first, furnish the Division (with a copy to the claimant) with any requested information to establish the eligibility of the claimant, including the claimant's:

1. Name;

2. Address;

3. Social Security number;

4. Such wage information as the Division requires to determine eligibility for benefits, including sick pay, vacation, or other paid time off provided by the employer during the period of FLI leave; and

5. The name, address, and Division identity number of the employer.

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