New Jersey § 43:21-40

§ 43:21-40.

a. For periods of disability commencing on or after October 1, 1984, an individual's

weekly benefit rate shall be two-thirds of his average weekly wage, subject to a maximum

of 53% of the Statewide average weekly remuneration paid to workers by employers,

as determined under subsection (c) of R.S.43:21-3 , except as provided in subsection b. of this section. b. For periods of disability commencing on or after July 1, 2020, and for periods

of family temporary disability leave commencing on or after July 1, 2020, an individual's

weekly benefit rate shall be 85% of the individual's average weekly wage, subject

to a maximum of 70% of the Statewide average weekly remuneration paid to workers by

employers. c. Each individual's benefit rate shall be computed to the next lower multiple of

$1.00 if not already a multiple thereof. The amount of benefits for each day of disability for which benefits are payable

shall be one-seventh of the corresponding weekly benefit amount; provided that the

total benefits for a fractional part of a week shall be computed to the next lower

multiple of $1.00 if not already a multiple thereof. d. For any week beginning on or after the effective date of P.L.2019, c. 126 , 1 with respect to a period of disability of an individual who is otherwise eligible

for benefits but only able to return to work on a reduced basis while recovering from

the disability, the individual, if permitted by the employer to return to work on

the reduced basis, shall be paid an amount of benefits with respect to that week such

that the sum of the wages and those benefits paid to the individual, rounded to the

next lower multiple of $1.00, will equal the weekly benefit amount the individual

would have been paid if totally unable to perform the duties of employment due to

disability, provided that: (1) The individual must have been totally unable to perform the duties of employment

due to disability and receiving full benefits for at least seven consecutive days

prior to claiming partial benefits under this subsection; (2) The maximum duration of partial benefits paid pursuant to this subsection is eight

weeks, unless the division, after a review of medical documentation from a qualified

healthcare provider, approves in writing an extension beyond eight weeks, but in no

case shall the duration be extended to more than 12 weeks; and (3) If the individual is able to return to work on a reduced basis but the employer

is unable or otherwise chooses not to permit the individual to do so, the individual

will continue to be eligible for benefits until the individual is fully recovered

from the disability and able to perform the duties of employment, but nothing in this

subsection shall be construed as increasing the total number of weeks of disability

benefits for which the individual is eligible. For the purposes of this section, “ qualified healthcare provider ” means a legally licensed physician, dentist, podiatrist, chiropractor, certified

nurse midwife, advanced practice nurse or public health nurse designated by the division. 1

L.2019, c. 126, eff. June 17, 2020.