Bill Text: NJ S3334 | 2016-2017 | Regular Session | Introduced


Bill Title: Revises law concerning temporary disability leave.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-06-19 - Introduced in the Senate, Referred to Senate Labor Committee [S3334 Detail]

Download: New_Jersey-2016-S3334-Introduced.html

SENATE, No. 3334

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED JUNE 19, 2017

 


 

Sponsored by:

Senator  M. TERESA RUIZ

District 29 (Essex)

 

 

 

 

SYNOPSIS

     Revises law concerning temporary disability leave.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning temporary disability leave and supplementing P.L.1948, c.110 (C.43:21-25 et al.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a. Notwithstanding any provision of law to the contrary, when a covered individual applies for temporary disability benefits for disability resulting from pregnancy or the birth of a child, the plan administering the covered individual's benefits shall automatically process an application for that individual for the paid family leave benefits program, unless the individual affirmatively opts out of that program, such that the individual shall be required to submit only one application for both programs.  The application for benefits shall be processed to allow the paid family leave benefits, if approved, to begin immediately following the end of the temporary disability benefits, unless the individual notifies the plan that the individual wants to postpone or opt out of the paid family leave benefits.  A covered individual who is approved for benefits under this section shall notify the plan administering the covered individual's benefits the date on which the covered individual will return to work, and shall notify the plan administering the benefits if the covered individual returns to work on an earlier date. 

     The provisions of this act shall apply to private plans and the State plan.  A private plan that offers only temporary disability benefits or paid family leave benefits shall adopt procedures for effectuating the provisions of this act, so individuals are only required to submit one application for both temporary disability benefits and family leave benefits even if those benefits are not administered by the same plan.

     b.    A covered individual who is approved for temporary disability benefits for disability resulting from pregnancy shall receive up to four weeks of benefits before the expected delivery date and up to six weeks of benefits after the actual delivery date.  The covered individual shall recertify for benefits no later than two weeks following the actual delivery date, and shall not be required to recertify at any other time during the benefit periods.  A covered individual shall receive a longer period of disability before the expected delivery date or after the actual delivery date, if the covered individual provides the plan administering the benefits with a certification from a health care provider that the longer period is necessary.

 

     2.    This act shall take effect on the first day of the third month next following enactment.

STATEMENT

 

     The bill provides that when a covered individual applies for temporary disability benefits for disability resulting from pregnancy or the birth of a child, the plan administering the covered individual's benefits must automatically process an application for that individual to its paid family leave benefits program, unless the individual affirmatively opts out of that program.  The application for benefits shall be processed to allow the family leave benefits, if approved, to begin immediately following the end of the temporary disability benefits, unless the individual notifies the plan that the individual wants to postpone or opt out of the family leave.

     A covered individual who is approved for temporary disability benefits pursuant to the provisions of the bill must notify the plan administering the covered individual's benefits the date on which the covered individual will return to work, and must notify the plan administering the benefits if the covered individual returns to work on an earlier date.  A covered individual will receive a longer period of disability before the expected delivery date or after the actual delivery date, if the covered individual provides the plan administering the benefits with a certification from a health care provider that the longer period is necessary.

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