New Jersey § 43:21-39

Full text of New Jersey New Jersey Statutes § 43:21-39, with citation guidance and answers to common questions.

§ 43:21-39.

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 of 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 the State plan and a private plan which

holds temporary disability insurance and family leave insurance for the individual. A private plan that offers only temporary disability benefits shall provide to its

temporary disability claimants written notice of the application process for family

leave benefits concurrently with issuing its written approval of temporary disability

benefits. A private plan that offers both temporary disability benefits and 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. b. A covered individual who is approved for temporary disability benefits for disability

resulting from pregnancy shall be entitled to four weeks of benefits before the expected

delivery date and 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.

Frequently Asked Questions About New Jersey § 43:21-39

What does New Jersey Statutes § 43:21-39 cover?

Section 43:21-39 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 § 43:21-39?

A common citation format is "New Jersey Statutes § 43:21-39" (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 § 43:21-39 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.