Bill Text: NJ A2898 | 2020-2021 | Regular Session | Introduced
Bill Title: Prohibits payment of temporary disability benefits to incarcerated individuals.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2020-02-20 - Introduced, Referred to Assembly Labor Committee [A2898 Detail]
Download: New_Jersey-2020-A2898-Introduced.html
Sponsored by:
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Prohibits payment of temporary disability benefits to incarcerated individuals.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting the payment of temporary disability benefits to incarcerated individuals and amending P.L.1948, c.110.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 15 of P.L.1948, c.110 (C.43:21-39) is amended to read as follows:
15. Limitation of benefits. Notwithstanding any other provision of the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), no benefits shall be payable under the State plan to any individual:
(a) for the first seven consecutive days of each period of disability; except that:
(1) if benefits shall be payable for three consecutive weeks with respect to any period of disability, then benefits shall also be payable with respect to the first seven days thereof; and
(2) (Deleted by amendment, P.L.2019, c.37);
(3) in the case of an individual taking family temporary disability leave, there shall be no waiting period;
(b) (1) for more than 26 weeks with respect to any one period of disability of the individual;
(2) for more than six weeks with respect to any one period of family temporary disability leave commencing before July 1, 2020 and more than 12 weeks if the period of leave commences on or after July 1, 2020, or for more than 42 days with respect to any one period of family temporary disability leave commencing before July 1, 2020 and more than 56 days if the period of leave commences on or after July 1, 2020, and is taken on an intermittent basis; and
(3) for more than six weeks of family temporary disability leave during any 12-month period commencing before July 1, 2020 and more than 12 weeks for any 12-month period commencing on or after July 1, 2020, or for more than 42 days of family temporary disability leave taken during any 12-month period commencing before July 1, 2020 and more than 56 days if the period of leave commences on or after July 1, 2020, on an intermittent basis, including family temporary disability leave taken pursuant to R.S.43:21-4(f)(2) while unemployed;
(c) for any period of disability which did not commence while the claimant was a covered individual;
(d) for any period of disability of a claimant during which the claimant is not under the care of a legally licensed physician, dentist, optometrist, podiatrist, practicing psychologist, advanced practice nurse, certified nurse midwife, or chiropractor, who, when requested by the division, shall certify within the scope of the practitioner's practice, the disability of the claimant, the probable duration thereof, and, where applicable, the medical facts within the practitioner's knowledge or for any period of family temporary disability leave for a serious health condition of a family member of the claimant, during which the family member is not receiving inpatient care in a hospital, hospice, or residential medical care facility or is not subject to continuing medical treatment or continuing supervision by a health care provider, who, when requested by the division, shall certify within the scope of the provider's practice, the serious health condition of the family member, the probable duration thereof, and, where applicable, the medical facts within the provider's knowledge;
(e) (Deleted by amendment, P.L.1980, c.90.)
(f) for any period of disability due to willfully and intentionally self-inflicted injury, or to injury sustained in the perpetration by the claimant of a crime of the first, second, third, or fourth degree, or for any period during which a covered individual would be disqualified for unemployment compensation benefits for gross misconduct under subsection (b) of R.S.43:21-5;
(g) for any period during which the claimant performs any work for remuneration or profit, except that, in a case of a claim for benefits for a period of family temporary disability on or after July 1, 2020 in which the covered individual has more than one employer, the individual shall have the option of claiming benefits for leave taken from one employer, based on wages paid by that employer, on the condition that the individual does not, during the period for which the benefits are paid, increase the amount of employment time with any other employer;
(h) in a weekly amount which together with any remuneration the claimant continues to receive from the employer would exceed regular weekly wages immediately prior to disability;
(i) for any period during which a covered individual would be disqualified for unemployment compensation benefits under subsection (d) of R.S.43:21-5, unless the disability commenced prior to such disqualification;
(j) for any period during which the claimant receives any paid sick leave, vacation time or other leave at full pay from the employer of the individual;
(k) for any period during which the claimant is incarcerated in any federal, State or municipal penal institution, jail, medical facility, public or private hospital, or in any other place because of a criminal violation of a federal, State or other municipal law or ordinance. For purposes of this subsection, "incarcerated" means any time spent in the custody of law enforcement authorities following conviction of a criminal offense or following the entry of a guilty plea to a criminal charge by the person before a court of competent jurisdiction;
and there shall be no other cause of disqualification or ineligibility to receive disability benefits hereunder except as may be specifically provided in this act.
(cf: P.L.2019, c.37, s.12)
2. This act shall take effect 60 days after enactment.
STATEMENT
This bill amends the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), to prohibit benefits from being paid to any claimant during any period during which the claimant is incarcerated in any federal, State or municipal penal institution, jail, medical facility, public or private hospital, or in any other place because of a criminal violation of a federal, State or other municipal law or ordinance.
