Limitation of Benefits - State Plan
Each claim for temporary disability is reviewed to see if it meets certain eligibility criteria. In addition to wage and medical certification requirements, there are other reasons why an individual may not be eligible for temporary disability benefits.
- The disability does not exceed seven days in length. The first seven consecutive days of each period of disability is known as the "waiting week". The waiting week becomes payable when disability benefits have been paid for all or some part of each of the three weeks immediately following the waiting week.
- The claimant has already received 26 weeks of benefits for this period of disability. The maximum number of weeks allowable for any one period of disability is 26.
- The claimant became disabled more than 14 days after the last day of work for a New Jersey covered employer. This individual may be eligible for benefits through the Disability During Unemployment Program.
- The claimant is not under medical care. He/she must be under the care of a legally licensed physician, dentist, podiatrist, chiropractor, optometrist, psychologist, certified nurse midwife, or advanced practice nurse.
- The disability resulted from the commission of a criminal act or was self-inflicted.
- The claimant was discharged by his or her most recent employer for gross misconduct connected with the work because of a commission of an act punishable as a crime under the New Jersey Code of Criminal Justice.
- The claimant worked and received wages after the period of disability began.
- The disability began during a labor dispute at the claimant's most recent place of employment.
- The claimant continues to receive wages from the most recent employer which together with the temporary disability benefits exceeds their regular weekly wages immediately prior to the onset of the disability.
- The claimant received unemployment insurance benefits, Social Security Disability benefits or workers' compensation benefits for their period of disability.
- Temporary disability benefits may be reduced reduced if an employee is receiving a pension to which the most recent employer contributed.
The claimant is a covered government worker and has not exhausted all accumulated sick leave.