New Jersey Administrative Code

Amounts deducted and withheld from unemployment benefits shall remain in the unemployment fund until transferred to the Federal taxing authority as a payment of income tax. The Commissioner shall follow all procedures specified by the United States Department of Labor and the Int…

(a) Amounts shall be deducted and withheld under this subchapter only after amounts are deducted and withheld for any overpayments of unemployment benefits, child support obligations or any other amounts required to be deducted and withheld under the New Jersey Unemployment Compe…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Agent state" means any state in which an individual files a claim for benefits against another state. "Benefits" means the compensation pa…

(a) All new claimants who file for regular unemployment compensation shall be profiled in accordance with Federal requirements set forth at 42 U.S.C. § 503(j), incorporated herein by reference, as amended and supplemented. (b) Profiling is a system that: 1. Identifies which claim…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Early in the claims series" means no later than the fifth week from the date of claim. "New claimant" means any individual who files an…

(a) All claimants receiving full first payments within 35 days after the date of their claim will be placed in a potential profiling pool. The following individuals will be screened out of the pool: 1. Claimants who receive first payments that are for partial unemployment; 2. Cla…

(a) Claimants who are not excluded by the factors specified in N.J.A.C. 12:17-20.3 shall be passed through a statistical modeling process developed by the Division of Program Planning, Analysis and Evaluation within the New Jersey Department of Labor and Workforce Development, to…

(a) The highest ranked individuals shall be selected to attend an orientation session where the reemployment service program and the various services available shall be explained. (b) Selection for participation in reemployment and other services shall be done on a weekly basis. …

(a) Unless exempted under N.J.A.C. 12:17-20.7, claimants scheduled for an orientation session shall attend and claimants referred for services shall participate in the services offered in order to maintain eligibility for unemployment benefits. However, no individual shall involu…

(a) Individuals shall be exempted from reemployment services required under this subchapter if they: 1. Were incorrectly profiled (that is, an error was made on initial claim or in data entry); 2. Have returned or are returning to full-time work; 3. Are receiving similar reemploy…

Appeals from denials of or ineligibility for benefits under this subchapter shall be decided in accordance with N.J.A.C. 1:12 and 12:20 concerning appeals to the Appeal Tribunal and Board of Review for unemployment benefit determinations. Notes N.J. Admin. Code § 12:17-20.8

(a) Whenever a claimant is paid unemployment benefits, his or her former employers' experience rating accounts shall be charged for the amount of benefits paid to the claimant. These charges shall be made in proportion to the wages paid by the employer during the base year of the…

(a) A base year employer may obtain relief from the charges for benefits paid to a former employee if the claimant was separated from his or her work with such employer due to any of the following reasons: 1. The claimant has left work without good cause attributable to his or he…

(a) For an employer to obtain relief of benefit charges, he or she shall complete the Department form entitled, "Notice to Employer of Monetary Determination and Request for Separation Information," and additional requests for separation information, where determined necessary by…

(a) An employer or any officer or agent of an employing unit who makes a false statement or representation, knowing it to be false, or who knowingly fails to disclose a material fact, to reduce benefit charges to the employing unit pursuant to N.J.S.A. 43:21-7(c)(1), shall be lia…

The Division shall notify employers in writing of the determinations made regarding their requests for relief from charges within a reasonable time period. Such notice shall include a statement of the right of the employer to appeal the determination in accordance with N.J.A.C. 1…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Bond" or "bonding" with a newborn child or child who has been placed for adoption or as a foster child means to develop a psychological…

(a) A written notice of family leave on which a claim for family leave insurance benefits during unemployment is based shall, within 30 days after the commencement of the period of family leave for which benefits are claimed, be furnished to the Division of Temporary Disability I…

(a) All claims and other required documents relating to a claim for family leave insurance benefits during unemployment may be filed by mail, except in those cases where the claimant is notified by the Division of Temporary Disability Insurance that a personal appearance or exami…

The giving of notice of family leave and the filing of proof of a claim for family leave insurance benefits during unemployment shall dispense with the requirements of N.J.A.C. 12:7-4 concerning registering for work and reporting to the Division of Temporary Disability Insurance …

(a) This section provides that weeks and wages earned by an individual employed by an out-of-State employer or by the Federal government, shall be excluded from benefit calculations under the Family Leave Insurance Benefits During Unemployment Program. (b) Where a claimant's most…

(a) No period of less than seven days shall be payable on a claim filed for family leave insurance benefits during unemployment under N.J.S.A. 43:21-4(f)(2). (b) Where, during a week of unemployment, an individual would be eligible for unemployment benefits except for his or her …

A claimant shall be given written notice of any determination on his or her claim and of the reason for any denial of his or her claim. A copy of the determination and the probable duration for which benefits will be paid, shall be mailed to the claimant. The claimant's appeal ri…

For each claimant who establishes entitlement to family leave insurance benefits during unemployment under N.J.S.A. 43:21-4(f)(2), his or her claim shall be paid from the Family Temporary Disability Leave Account. Notes N.J. Admin. Code § 12:17-22.8

An employee's maximum family leave insurance benefits entitlement under N.J.S.A. 43:21-3 and 4 as an unemployed claimant for a given 12-month period shall be reduced by the number of days of family leave insurance benefits that have been paid to the employee during that 12-month …

(a) Whenever a worker is separated from work (permanently, temporarily, or for an indefinite period) for any reason, at the time of the separation, the employer shall deliver to the worker the Department form entitled, "Instructions for Claiming Unemployment Benefits," instructin…

(a) Upon request by the Division for information regarding wages or the reason for separation from any worker from employment, the employer shall, within 10 calendar days after the date of mailing of the form requesting information, complete and return it to the appropriate offic…

(a) After receiving wage and separation information, the Division shall make a determination regarding the claimant's eligibility for benefits which will be mailed to the claimant and employer. The benefit determination shall become final 10 days after the date of mailing or seve…

(a) When any claimant fails to apply for, or to accept, work when offered by an employer, the employer shall, within 48 hours, complete the Department form entitled, "Notice of Failure to Apply for, or to Accept, Suitable Work," setting forth the facts relating to the individual'…

(a) For the purposes of this subchapter, the term "mass separation" means the separation of 25 or more employees in a single establishment (either permanently or for an indefinite period) at or about the same time and for the same reason, except where the separation or unemployme…

In case of unemployment due to a labor dispute, the employer shall file a notice immediately with the Director of the Division of Unemployment Insurance, P.O. Box 058, John Fitch Plaza, Trenton, New Jersey 08625-0058. Such notice shall include information concerning the existence…

(a) Whenever an individual is temporarily separated for lack of work, the employer, upon request by the Division, shall provide the expected duration of the individual's period of unemployment, the reason for separation, and the date on which the employer expects the individual t…

(a) Individuals shall report as directed by the Division as to date, time, and place in person, by telephone, by mail, via an Internet application or as the Division may otherwise prescribe. (b) An individual who fails to report as directed will be ineligible for benefits unless,…

(a) An individual shall telephone a Reemployment Call Center or contact the Division via an Internet application to file an initial claim for benefits, unless another method of filing is prescribed by the Division. The effective date of an initial claim for benefits is the Sunday…

(a) A claimant shall be assigned a reporting method, in person, by mail, telephone, via an Internet application or as the Division may otherwise prescribe, and shall be required to report as directed to claim completed weeks of unemployment benefits. (b) A claimant shall be issue…

(a) When the Division mails the claimant a request for information to resolve an eligibility issue the claimant is allowed 14 days from the mailing date, as determined by the returned postmark or received date, to respond. (b) If the claimant fails to respond to the request for i…

(a) An individual who files a claim for benefits shall, when requested, present proper identification, including a valid Social Security card and other documentation showing the claimant's legal name and address. 1. If a claimant is unable to present a valid Social Security card …

Initial and continued claims for unemployment benefits shall be made on the appropriate forms or in the manner prescribed by the Division. Notes N.J. Admin. Code § 12:17-4.6 Amended by R.2003 d.276, effective 7/7/2003. See: 35 New Jersey Register 1527(a), 35 New Jersey Register 2…

(a) A notice of monetary or benefit eligibility shall include a statement of appeal rights. Unless good cause exists, as provided in N.J.A.C. 12:20-3.1(i), all determinations shall be appealed in person or in writing within seven days from the date of receipt or 10 days from the …

(a) A claimant shall be determined ineligible for unemployment benefits if he or she, without "good cause," as defined in N.J.A.C. 12:17-4.1, fails to report as directed for a quality control review interview, or fails to cooperate in a quality control review of the claim. (b) A …

A request for payment of a benefit week(s) made more than one year after the claim has expired, or more than one year after a final decision of eligibility, whichever is later, shall be denied unless there is "good cause," as defined in N.J.A.C. 12:17-4.1, for a late request. Not…

(a) To be eligible for benefits, an individual during his or her base year period, consisting of the first four of the most recent five completed calendar quarters preceding the date of the claim, shall have met the following requirements: 1. Established 20 base weeks as defined …

(a) If an individual does not qualify for benefits pursuant to N.J.A.C. 12:17-5.1 during the base year, he or she may use wages paid during an alternative base year consisting of the most recent four completed calendar quarters preceding the date of the claim. (b) If the individu…

Alternative base year periods may be used to qualify for benefits only when an individual cannot qualify for benefits due to insufficient base weeks and/or wages during the regular base year period. An alternative base year period may not be used when an individual's ineligibilit…

(a) If wages from a base year or an alternative base year are required to establish a valid claim, those wages cannot be used again to establish any future claim(s). (b) If wages are required from the most recent completed calendar quarter, all the wages paid in that quarter shal…

(a) When wage information regarding base weeks and wages is not available in the Division's records, the Division shall request that information from employers needed to determine the claimant's eligibility for benefits. (b) If necessary, the Division shall request base week and …

(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 th…

(a) In addition to the requirements set forth in N.J.A.C. 12:16-2 concerning employer records, each employer shall keep payroll records in such form that it is possible from an inspection thereof to determine whether a regular employee may be eligible for partial benefits includi…

(a) For each week of partial unemployment the employer shall provide the individual with a written statement (that is, pay envelope, pay check stub, copy of pay check or similar voucher) which provides the following information: 1. The name and address of the employer; 2. The nam…

(a) An individual claiming partial unemployment benefits shall file a bi-weekly benefit claim as required by N.J.A.C. 12:17-4.3(a), and shall provide for each week, the gross remuneration amount, number of hours worked, and, if so instructed, the employer's name, address, and tel…