Limitation of Benefits - State Plan
Each claim for family leave is reviewed to see if the care provider or bonding parent meets certain eligibility criteria. In addition to wage and medical certification that may be required, there are other reasons why an individual may not be eligible for family leave benefits.
The seven consecutive days after the first date of your family leave claim is the "waiting week". No benefits will be issued for the waiting week until benefits for any part of each of the following three weeks have been paid. However, if your family leave immediately follows leave for your own illness under State Plan temporary disability, there is no waiting period for Family Leave Insurance benefits.(Example: new mother bonding immediately after period of disability for pregnancy).
Family Leave Insurance benefits are not payable under the State Plan for:
Any period when you receive temporary disability benefits, workers’ compensation benefits, or any benefits from a disability or cash sickness program or similar law of New Jersey or any other state or the federal government;
- Any period when you receive unemployment insurance benefits;
- Any period of time you are working;
- Any period when you receive full salary or paid time off (your employer may not require you to use more than two weeks of paid sick leave, vacation time, or any other leave at full pay. If you are required to use paid time off, the maximum Family Leave Insurance allowance may be reduced by up to 14 days);
- Any period of family leave that did not start when you were a covered employee or within 14 days of your last day of covered employment;
- Any period of family leave to care for a family member who was not under the care of a health care provider;
- Any period of time you are out of work due to a labor dispute at your place of work;
- Any period after being fired by your most recent employer for gross misconduct connected with your work because you committed a criminal act punishable under the New Jersey Code of Criminal Justice; or
- Employees of educational institutions during any period between academic years or terms or during a school-wide recess, when you have a reasonable assurance of returning to work in the same or similar capacity when school resumes.