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New Jersey Unemployment Compensation Law Extended Benefits

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New Jersey Unemployment Compensation Law Extended Benefits STATE OF NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT NEW JERSEY UNEMPLOYMENT COMPENSATION LAW EXTENDED BENEFITS LAW WORKFORCE DEVELOPMENT PARTNERSHIP ACT SUPPLEMENTARY LEGISLATION JAMES E. MCGREEVEY Governor KEVIN P. MCCABE Commissioner Prepared by: Bureau of Program Services and Standards July 2004 TABLE OF CONTENTS UNEMPLOYMENT COMPENSATION LAW 43:21-1. Short Title ................................................................................................................1 43:21-2. Declaration of State Public Policy...........................................................................1 43:21-3. Benefits ...................................................................................................................1 (a) Payment of benefits......................................................................................1 (b) Weekly benefits for unemployment .............................................................1 (c) (1) Weekly benefit rate ..........................................................................2 (2) Dependency benefits........................................................................2 (A) Calculation of benefit rate increase for dependents ............2 (B) Definition of dependent .......................................................2 (C) Duration of dependency benefits .........................................2 (D) Acceptable proof of dependency..........................................2 (3) Computation of statewide average weekly wage .............................3 (d) Maximum total benefits...............................................................................3 (1) (A) (Deleted) (B) Computation of maximum total benefits after July 1, 1986..........................................................................3 (2) Limitation of maximum benefits when eligible under Section 4, Subsections (c) and (f) ....................................................3 (3) (Deleted) 43:21-4. Benefit Eligibility Conditions ..................................................................................4 (a) Registering for work and reporting..............................................................4 (b) Making a claim.............................................................................................4 (c) (1) Ability to work, availability for work, active search for work ........4 (2) Modification of requirement of actively seeking work....................4 (3) Eligibility of individual on vacation without pay............................4 (4) (A) Eligibility of individual attending training program............4 (B) Approval of training programs.............................................4 (C) Not withhold approval of training program.........................5 (D) Definition of labor demand occupation...............................5 (5) Eligibility of individual summoned to jury service .........................5 (6) Eligibility of individual attending a funeral of immediate family member .................................................................................5 (7) Eligibility of individual in self-employment assistance activities ...6 (8) Worker profiling and failure to participate in reemployment services.............................................................................................6 (9) Board worker for county board of elections on election day not deemed unavailable for work...........................................................6 (d) Waiting period and payment of benefits for waiting period ........................6 (e) (1) (Deleted) (2) Minimum base year wages, benefit years commencing on or after January 1, 1996 and before January 7, 2001 ...........................7 i (3) Provisions for agricultural workers, benefit years commencing before January 7, 2001.....................................................................7 (4) Minimum base year wages, benefit years commencing on or after January 7, 2001........................................................................8 (5) Provisions for agricultural worker, benefit years commencing on or after January 7, 2001...............................................................8 (6) Requalification Requirements..........................................................8 (f) Accident or sickness during unemployment resulting in total disability.....8 (1) Conditions under which disability benefits may not be paid...........8 (A) Not under care of legally licensed physician, dentist, optometrist, podiatrist or chiropractor .................................9 (B) (Deleted) (C) Self-inflicted injury; injury sustained in perpetration of a crime of the first, second or third degree ......................9 (D) Receipt of unemployment or disability benefits from United State or other State ...................................................9 (E) Receipt of disability benefits under Temporary Disability Benefits Law........................................................................9 (F) Disability commencing while a “covered individual” under Temporary Disability Benefits Law...........................9 (2) Benefit payments paid from State Disability Benefits Fund; not charged to employer...................................................................9 (g) Service for State and political subdivisions and for non-profit organizations ..............................................................................................9 (1) Service performed after December 31, 1977 in an instructional, research or principal administrative capacity for an educational institution for a period between two successive academic years or two regular terms or a period of paid sabbatical leave ................9 (2) Service performed after September 3, 1982 in any other capacity for an educational institution for a period between two successive academic years or terms..........................................9 (3) Services described in (1) and (2) above for any period of customary vacation period or holiday recess .................................10 (4) Services described in (1) and (2) above for any period employed by a governmental “educational service agency” .........10 (h) Employment consisting of participating in sports, athletic events or training to participate in same ....................................................................10 (i) (1) Services performed by an alien; modifications imposed by Federal Unemployment Tax Act....................................................10 (2) Data required by individuals..........................................................11 (3) Benefit determinations; preponderance of evidence......................11 (j) Consolidated administration of disability claims.......................................11 43:21-4.1. Worker profiling system; notice to applicant of benefits, services available ........11 43:21-5. Disqualification for Benefits..................................................................................12 (a) Voluntary leaving without good cause ......................................................12 (b) Discharge for misconduct; gross misconduct ............................................12 ii (c) Failure to apply for, or accept, suitable work ............................................12 (1) Suitable work .................................................................................13 (2) Nonsuitable work ...........................................................................13 (d) Stoppage of work due to labor dispute except where ................................13 (1) Claimant is not participating or interested in dispute ....................13 (2) Claimant does not belong to the grade or class participating or interested in dispute ..................................................................13 (e) Receipt of remuneration in lieu of notice...................................................13 (f) Receipt of unemployment benefits from United State or other State ........13 (g) (1) Illegal receipt of benefits................................................................14 (2) Prosecution of civil, criminal, or administrative action or proceeding under provisions of Section 16....................................14 (h) (1) No denial of benefits if participating in training approved under Trade Act of 1974 ................................................................14 (2) “Suitable” employment as defined for purposes of the Trade Act of 1974 ..........................................................................14 (i) Full-time student; certain exceptions to disqualification; definition of full-time student.....................................................................................14 (j) Domestic violence......................................................................................15 43:21-5a. Reduction of Benefit; Receipt of Governmental or Other Pension, Retirement, or Retired pay, Annuity or Other Similar Periodic Payment .............16 43:21-5.1. (Repealed) 43:21-5.2. Unemployment Compensation for Federal Employees .........................................16 43:21-6. Claim for Benefits ..................................................................................................17 (a) Filing; employer must post notice; Notice to Unemployed Worker..........17 (b) (1) Initial determinations with respect to benefit years commencing on and after January 1, 1953; employer to provide information requested; affidavits; initial determination; appeal limitations of other than most
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