N.J. Admin. Code § 12:17-5.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:17-5.6 - Alternative base years for individuals claiming benefits after a period of disability

(a) An individual, who files a claim for benefits immediately after a period of disability compensable under the provisions of the Temporary Disability Benefits Law, N.J.S.A. 43:21-25 et seq. or compensable under the Workers' Compensation Law, N.J.S.A. 34:1-1 et seq., may have the option of using an alternative base year consisting of the first four of the most recent five completed calendar quarters preceding the date his or her disability began, to establish eligibility for, or increase entitlement for, unemployment benefits. If the previous position is available, but the individual is no longer able to perform the duties of the position, the alternative base year provisions of this section shall not apply. If the individual does not qualify for benefits pursuant to N.J.A.C. 12:17-5.1 during this base year, he or she may use wages paid during the alternate base years prescribed in N.J.A.C. 12:17-5.2, but defined as preceding the date of disability.

1. This section applies only to those individuals whose employment is not available at the conclusion of the disability period, provided the individual files his or her claim within four weeks of recovery, except where he or she has shown good cause as defined at N.J.A.C. 12:17-4.1 for filing a claim after four weeks.

2. This section applies to individuals receiving Workers' Compensation for a period not to exceed two years.

(b) An individual who files a claim under the provisions of this section shall not be disqualified for benefits for voluntarily leaving work, provided the individual contacts the employer and his or her employment is not available.

N.J. Admin. Code § 12:17-5.6

Amended by R.2003 d.276, effective 7/7/2003.
See: 35 New Jersey Register 1527(a), 35 New Jersey Register 2874(b).
In (a), inserted ", but defined as preceding the date of disability" following "N.J.A.C. 12:17-5.2" in the introductory paragraph.