New Jersey § 43:21-38

Full text of New Jersey New Jersey Statutes § 43:21-38, with citation guidance and answers to common questions.

§ 43:21-38.

a. With respect to any period of disability for an individual's own disability commencing

on or after January 1, 1953, disability benefits, not in excess of an individual's

maximum benefits, shall be payable with respect to disability which commences while

a person is a covered individual under the Temporary Disability Benefits Law, 1 and shall be payable with respect to the eighth consecutive day of such disability

and each day thereafter that such period of disability continues; and if benefits

shall be payable for three consecutive weeks with respect to any period of disability

commencing on or after January 1, 1968, then benefits shall also be payable with respect

to the first seven days thereof. With respect to any period of disability for an individual's own disability commencing

on or after the effective date of P.L.2020, c. 17 2 the disability benefits shall be payable with respect to the first day of the disability,

if the disability is as described in subsection (d) of section 5 of P.L.1948, c. 110 ( C.43:21-29 ), or is for leave as described in subsection (c) of section 5 of P.L.1948, c. 110 ( C.43:21-29 ). b. With respect to any period of family temporary disability leave commencing on or

after July 1, 2009 and while an individual is a covered individual, family temporary

disability benefits, not in excess of the individual's maximum benefits, shall be

payable with respect to the first day of leave taken after the first one-week period

following the commencement of the period of family temporary disability leave and

each subsequent day of leave during that period of family temporary disability leave;

and if benefits become payable on any day after the first three weeks in which leave

is taken, then benefits shall also be payable with respect to any leave taken during

the first one-week period in which leave is taken. With respect to any period of family temporary disability leave commencing on or

after July 1, 2019 and while an individual is a covered individual, family temporary

disability benefits, not in excess of the individual's maximum benefits, shall be

payable with respect to the first day of leave taken upon the commencement of the

period of family temporary disability leave and each subsequent day of leave during

that period of family temporary disability leave. The maximum total benefits payable to any eligible individual for any period of

disability of the individual commencing on or after January 1, 1968, shall be either

26 times his weekly benefit amount or 1/3 of his total wages in his base year, whichever

is the lesser; provided that such maximum amount shall be computed in the next lower

multiple of $1.00 if not already a multiple thereof. The maximum total benefits payable to any eligible individual for any period of

family temporary disability leave commencing on or after July 1, 2009 and before July

1, 2020, shall be six times the individual's weekly benefit amount or 1/3 of his total

wages in his base year, whichever is the lesser; provided that the maximum amount

shall be computed in the next lower multiple of $1.00, if not already a multiple thereof. The maximum total benefits payable to any eligible individual for any period of

family temporary disability leave commencing on or after July 1, 2020, shall be twelve

times the individual's weekly benefit amount; provided that the maximum amount shall

be computed in the next lower multiple of $1.00, if not already a multiple thereof. 1

N.J.S.A. § 43:21-25 et seq. 2

L.2020, c. 17, eff. March 25, 2020.

Frequently Asked Questions About New Jersey § 43:21-38

What does New Jersey Statutes § 43:21-38 cover?

Section 43:21-38 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Jersey § 43:21-38?

A common citation format is "New Jersey Statutes § 43:21-38" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Jersey law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.

How does New Jersey § 43:21-38 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.