Bill Text: NJ A4166 | 2014-2015 | Regular Session | Amended
Bill Title: Requires employers and health care institutions to disseminate information regarding certain leave and benefits.*
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2016-01-11 - Passed by the Assembly (45-30-0) [A4166 Detail]
Download: New_Jersey-2014-A4166-Amended.html
ASSEMBLY, No. 4166
STATE OF NEW JERSEY
216th LEGISLATURE
INTRODUCED FEBRUARY 5, 2015
Sponsored by:
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
SYNOPSIS
Requires employers and health care providers to disseminate information regarding certain leave and benefits.
CURRENT VERSION OF TEXT
As reported by the Assembly Labor Committee on December 14, 2015, with amendments.
An Act requiring employers and health care providers to disseminate information regarding certain leave and benefits, amending P.L.2008, c.17 and P.L.1948, c.110, and supplementing Title 43 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 10 of P.L.2008, c.17 (C.43:21-39.1) is amended to read as follows:
10. a. Family temporary disability leave shall be compensable subject to the limitations of P.L.2008, c.17 (C.43:21-39.1 et al.) for any period of family temporary disability leave taken by a covered individual which commences after June 30, 2009.
b. An individual shall not simultaneously receive disability benefits for family temporary disability leave and any other disability benefits pursuant to P.L.1948, c.110 (C.43:21-25 et al.) or any unemployment compensation.
c. The employer of an individual may, notwithstanding any other provision of law, including the provisions of N.J.S.18A:30-1 et seq., permit or require the individual, during a period of family temporary disability leave, to use any paid sick leave, vacation time or other leave at full pay made available by the employer before the individual is eligible for disability benefits for family temporary disability leave pursuant to P.L.2008, c.17 (C.43:21-39.1 et al.), except that the employer may not require the individual to use more than two weeks worth of leave at full pay. The employer may also have the total number of days worth of disability benefits paid pursuant to P.L.2008, c.17 (C.43:21-39.1 et al.) to the individual during a period of family temporary disability leave reduced by the number of days of leave at full pay paid by the employer to the individual during that period. If the employer requires the individual to use leave at full pay, the employee shall be permitted to take that fully-paid leave during the waiting period required pursuant to subsection (a) of section 15 of P.L.1948, c.110 (C.43:21-39). Nothing in P.L.2008, c.17 (C.43:21-39.1 et al.) shall be construed as nullifying any provision of an existing collective bargaining agreement or employer policy, or preventing any new provision of a collective bargaining agreement or employer policy, which provides employees more generous leave or gives employees greater rights to select which kind of leave is used or select the order in which the different kinds of leave are used. Nothing in P.L.2008, c.17 (C.43:21-39.1 et al.) shall be construed as preventing an employer from providing more generous benefits than are provided under P.L.2008, c.17 (C.43:21-39.1 et al.) or providing benefits which supplement the benefits provided under P.L.2008, c.17 (C.43:21-39.1 et al.) for some or all of the employer's employees.
d. An individual who is entitled to leave under the provisions of the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) or the federal "Family and Medical Leave Act of 1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.), shall take any benefits provided for family temporary disability leave pursuant to P.L.2008, c.17 (C.43:21-39.1 et al.) concurrently with leave taken pursuant to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) or the federal "Family and Medical Leave Act of 1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.). Nothing in P.L.2008, c.17 (C.43:21-39.1 et al.) shall be construed to grant an employee any entitlement to be restored by the employer to employment held by the employee prior to taking family temporary disability leave or any right to take action against an employer who refuses to restore the employee to employment after the leave. Nothing in P.L.2008, c.17 (C.43:21-39.1 et al.) shall be construed to increase, reduce or otherwise modify any entitlement of an employee to return to employment or right of the employee to take action under the provisions of the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) or the federal "Family and Medical Leave Act of 1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.). If an employee receives benefits for family temporary disability leave pursuant to P.L.2008, c.17 (C.43:21-39.1 et al.) with respect to employment with an employer who is not an employer as defined in the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) and that employer fails or refuses to restore the employee to employment after the period of family temporary disability leave, that failure or refusal shall not be a wrongful discharge in violation of a clear mandate of public policy, and the employee shall not have a cause of action against that employer, in tort, or for breach of an implied provision of the employment agreement, or under common law, for that failure or refusal.
e. An employee taking family temporary disability leave or an employer from whom the employee is taking the leave shall have the same right to appeal a determination of a benefit for the family temporary disability leave made under P.L.2008, c.17 (C.43:21-39.1 et al.) as an employee or employer has to appeal a determination of a benefit for the disability of the employee under the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), and any regulations adopted pursuant to the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.).
f. In the event of a period of family temporary disability leave of any individual covered under the State plan, the employer shall, not later than the ninth day of the period of family temporary disability leave, including any waiting period or time in which the employer provides sick leave, vacation or other fully paid leave, issue to the individual and to the division printed notices on division forms containing the name, address and Social Security number of the individual, such wage information as the division may require to determine the individual's eligibility for benefits, including any sick pay, vacation or other fully paid time off provided by the employer during the period of family temporary disability leave, and the name, address, and division identity number of the employer. Not later than 30 days after the commencement of the period of family temporary disability leave for which the notice is furnished by the employer, the individual shall furnish to the division a notice and claim for family temporary disability leave benefits. Upon the submission of the notices by the employer and the individual, the division may issue benefit payments. In the case of family temporary disability leave taken to care for a family member with a serious health condition, the benefits may be paid for periods not exceeding three weeks pending the receipt of the certification required pursuant to subsection b. of section 11 of P.L.2008, c.17 (C.43:21-39.2). Failure to furnish notice and certification in the manner above provided shall not invalidate or reduce any claim if it shall be shown to the satisfaction of the division not to have been reasonably possible to furnish the notice and certification and that the notice and certification was furnished as soon as reasonably possible.
g. Each covered employer shall conspicuously post notification, in a place or places accessible to all employees in each of the employer's workplaces, in a form issued by regulation promulgated by the commissioner, of each covered employee's rights regarding benefits payable pursuant to this section. The notification shall also include information describing the circumstances under which the employee may qualify for other temporary disability benefits pursuant to P.L.1948, c.110 (C.43:21-25 et al.), or benefits pursuant to the "unemployment compensation law," R.S.43:21-1 et seq., in lieu of disability benefits for family temporary disability leave payable pursuant to this section. This information shall include, but not be limited to: (1) information that an employee expecting to receive benefits payable pursuant to this section, for the purpose of caring for a child during the first 12 months after the child's birth, may be also eligible for temporary disability benefits pursuant to P.L.1948, c.110 (C.43:21-25 et al.) during pregnancy and recovery for the period that a legally licensed practitioner specified under subsection (d) of section 15 of P.L.1948, c.110 (C.43:21-39) deems necessary; (2) information regarding an employee's right to return to work pursuant to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) and the federal "Family and Medical Leave Act of 1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.), including an explanation of the types of employers subject to each of those acts and an explanation of an employee's rights if the employer is not subject to those acts; and (3) information regarding the conditions under which an employee claiming benefits payable pursuant to this section or other temporary disability benefits payable pursuant to P.L.1948, c.110 (C.43:21-25 et al.) may become eligible for benefits pursuant to the "unemployment compensation law," R.S.43:21-1 et seq., should loss of employment occur during a period of temporary disability leave or family temporary disability leave, including notice of the right to unemployment compensation benefits, consistent with section 2 of P.L.1991, c.486 (C.43:21-30.1), if an employer not subject to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) or the federal "Family and Medical Leave Act of 1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.) does not allow an employee to return to work after a period of receiving benefits payable pursuant to this section or other temporary disability benefits payable pursuant to P.L.1948, c.110 (C.43:21-25 et al.). The notification shall indicate to the employee whether the employer is subject to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) or the federal "Family and Medical Leave Act of 1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.). The department, in adopting the regulation issuing the form of the notification required by this subsection, shall make a single, joint form suitable for employers to meet, simultaneously, the notification requirements of this subsection and the notification requirements of paragraph (1) of subsection (a) of section 25 of P.L.1948, c.110 (C.43:21-49). The employer shall also provide each employee of the employer with a written copy of the notification: (1) not later than 30 days after the form of the notification is issued by regulation; (2) at the time of the employee's hiring, if the employee is hired after the issuance; (3) whenever the employee notifies the employer that the employee is taking time off for circumstances under which the employee is eligible for benefits pursuant to this section; [and] (4) at any time, upon the first request of the employee; and (5) at least twice annually. Any employer who is required to provide notice to employees pursuant to both this subsection and paragraph (1) of subsection (a) of section 25 of P.L.1948, c.110 (C.43:21-49) may comply with both notification requirements by using the single, joint notification issued pursuant to the two subsections.
(cf: P.L.2008, c.17, s.10)
2. Section 25 of P.L.1948, c.110 (C.43:21-49) is amended to read as follows:
25. (a) (1) Every employer shall post, in prominent locations, notices to employees in the form provided by the division of whether the employer is permitted or required to participate in a temporary disability benefits program pursuant to the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), and whether the employer does or does not participate. For employers who participate in a temporary disability benefits program, the notice shall also describe the temporary disability benefits available to the employees and prominently disclose that pregnancy is regarded by law as a disability and that pregnant employees are regarded as disabled and entitled to temporary disability benefits to the same extent as other disabled employees. Upon the request of an employer, the division shall, without charge, provide the employer with a copy of each applicable notice, suitable for reproduction by the employer. Each applicable notice provided by the division shall include information describing the circumstances under which the employee may qualify for family temporary disability leave benefits pursuant to P.L.2008, c.17 (C.43:21-39.1 et al.), or benefits pursuant to the "unemployment compensation law," R.S.43:21-1 et seq., in lieu of temporary disability benefits payable pursuant to P.L.1948, c.110 (C.43:21-25 et al.). This information shall include, but not be limited to: (1) information that an employee expecting to receive benefits payable pursuant to P.L.1948, c.110 (C.43:21-25 et al.) for the purpose of pregnancy and recovery may be also eligible for family temporary disability leave benefits pursuant to P.L.2008, c.17 (C.43:21-39.1 et al.) for the purpose of caring for a child during the first 12 months after the child's birth; (2) information regarding an employee's right to return to work pursuant to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) and the federal "Family and Medical Leave Act of 1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.), including an explanation of the types of employers subject to each of those acts and an explanation of an employee's rights if the employer is not subject to those acts; and (3) information regarding the conditions under which an employee claiming temporary disability benefits payable pursuant to P.L.1948, c.110 (C.43:21-25 et al.), or family temporary disability leave benefits payable pursuant to P.L.2008, c.17 (C.43:21-39.1 et al.), may become eligible for benefits pursuant to the "unemployment compensation law," R.S.43:21-1 et seq., should loss of employment occur during a period of temporary disability leave or family temporary disability leave, including notice of the right to unemployment compensation benefits, consistent with section 2 of P.L.1991, c.486 (C.43:21-30.1), if an employer not subject to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) or the federal "Family and Medical Leave Act of 1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.) does not allow an employee to return to work after a period of receiving temporary disability benefits payable pursuant to P.L.1948, c.110 (C.43:21-25 et al.) or family temporary disability leave benefits payable pursuant to P.L.2008, c.17 (C.43:21-39.1 et al.). Each applicable notice shall indicate to the employee whether the employer is subject to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), or the federal "Family and Medical Leave Act of 1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.). The division, in issuing notification form required by this subsection, shall make a single, joint form suitable for employers to meet, simultaneously, the notification requirements of this subsection and the notification requirements of subsection g. of section 10 of P.L.2008, c.17 (C.43:21-39.1). The employer shall also provide each employee with a written copy of each applicable notice: (i) not later than 30 days after the form of the notice is issued by regulation; (ii) at the time of the employee's hiring, if the employee is hired after the issuance; (iii) whenever the employee notifies the employer that the employee is taking time off for circumstances under which the employee is eligible for temporary disability benefits pursuant to P.L.1948, c.110 (C.43:21-25 et al.); (iv) at any time, upon the first request of the employee; and (v) at least twice annually. Each employer participating in the State plan or a private plan shall give a printed copy of benefit instructions to any disabled employee as soon as the employer becomes aware of the disability. Any employer who is required to provide notice to employees pursuant to both this subsection and subsection g. of section 10 of P.L.2008, c.17 (C.43:21-39.1) may comply with both notification requirements by using the single, joint notification issued pursuant to the two subsections.
(2) In addition, in the event of the disability of any individual covered under the State plan, the employer shall, on the ninth day of disability, issue to the individual and to the division printed notices on division forms containing the name, address and Social Security number of the individual, such wage information as the division may require to determine the individual's eligibility for benefits, and the name, address, and division identity number of the employer. Not later than 30 days after the commencement of the period of disability for which such notice is furnished, the individual shall furnish to the division a notice and claim for disability benefits under the State plan or for disability during unemployment. Upon the submission of such notices by the employer and the individual, the division may issue benefit payments for periods not exceeding three weeks pending the receipt of medical proof. When requested by the division, such notice and proof shall include certification of total disability by the attending physician, or a record of hospital confinement. Failure to furnish notice and proof within the time or in the manner above provided shall not invalidate or reduce any claim if it shall be shown to the satisfaction of the division not to have been reasonably possible to furnish such notice and proof and that such notice and proof was furnished as soon as reasonably possible.
(b) A person claiming benefits under the State plan or for disability during unemployment shall, when requested by the division, submit at intervals, but not more often than once a week, to an examination by a legally licensed physician, dentist, podiatrist, chiropractor, certified nurse midwife, advanced practice nurse or public health nurse designated by the division. In all cases of physical examination of a claimant, the examination shall be made by a designee of the division, who shall be the same sex as the claimant if so requested by the claimant. All such examinations by physicians, dentists, podiatrists, chiropractors, certified nurse midwives or nurses designated by the division shall be without cost to the claimant and shall be held at a reasonable time and place. Refusal to submit to such a requested examination shall disqualify the claimant from all benefits for the period of disability in question, except as to benefits already paid.
(c) All medical records of the division, except to the extent necessary for the proper administration of this act, shall be confidential and shall not be published or be open to public inspection (other than to public employees in the performance of their public duties) in any manner revealing the identity of the claimant, or the nature or cause of disability nor admissible in evidence in any action or special proceeding other than one arising under this act.
(cf: P.L.2009, c.114, s.2)
3. (New section) a. As used in this section:
"Department" means the Department of Labor and Workforce Development.
"Family temporary disability leave benefits" means family temporary disability leave benefits payable pursuant to P.L.2008, c.17 (C.43:21-39.1 et al.).
"Health care institution" means a hospital, public health center, birthing center, nursing home, or any other health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), a psychiatric facility as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2), or a State developmental center listed in R.S.30:1-7.
"Health care professional" means a physician, nurse midwife, or any other health care professional who is licensed or otherwise authorized to practice a health care profession pursuant to Title 45 or Title 52 of the Revised Statutes and is currently engaged in that practice.
"Temporary disability leave benefits" means temporary disability leave benefits payable pursuant to P.L.1948, c.110 (C.43:21-25 et al.).
b. (1) The department shall prepare a brochure, in a form that is suitable for distribution by health care professionals and health care institutions to patients and their family members, providing information about the following benefits and rights: temporary disability leave benefits; family temporary disability leave benefits; an individual's right to return to work pursuant to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) and the federal "Family and Medical Leave Act of 1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.), including an explanation of the types of employers subject to each of those acts and an explanation of an individual's rights if the employer is not subject to those acts; and the conditions under which an individual claiming temporary disability leave benefits or family temporary disability leave benefits may become eligible for benefits pursuant to the "unemployment compensation law," R.S.43:21-1 et seq., should loss of employment occur during a period of temporary disability leave or family temporary disability leave, including notice of the right to unemployment compensation benefits, consistent with section 2 of P.L.1991, c.486 (C.43:21-30.1) if an employer not subject to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) or the federal "Family and Medical Leave Act of 1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.) does not allow an employee to return to work after a period of receiving temporary disability benefits or family temporary disability leave benefits.
(2) The department shall prepare English and Spanish language versions of the brochure, update the brochure as necessary, and provide the brochure in a form that can be downloaded from the website of the department. Upon the request of a health care professional or a health care institution, the department shall, without charge, provide the health care professional or health care institution with a printed copy of the brochure that is suitable for reproduction.
c. A health care professional shall1, commencing not later than 30 days after the brochure prepared by the department pursuant to subsection b. of this section is made available on the department website,1 provide to each patient 1[to whom] of1 that professional 1[is providing care]1 a copy of 1[the] that1 brochure 1[prepared by the department as described in subsection b. of this section: (i) not later than 30 days after the brocure is prepared by the department and made available on the department website; (ii) at the time that the individual becomes a patient of the professional, if that occurs after the brocure is first made available; and (iii) one time each calendar year] the first time that the patient visits the professional's office1. 1[The] If the health care professional is providing care to a child or to any patient whose condition may render them unable to take action needed to obtain benefits or exercise rights indicated in the brochure, the1 health care professional shall provide the brochure to a parent, family member, or other responsible party or guardian 1[when providing care to a child or to any patient whose condition may render them unable to take action needed to obtain benefits or exercise rights indicated in the brocure] of the patient1. The health care professional shall provide the brochure pursuant to this subsection even if the professional is not certain that the patient has a health condition which would make the patient eligible for benefits pursuant to P.L.1948, c.110 (C.43:21-25 et al.) or P.L.2008, c.17 (C.43:21-39.1 et al.). The providing of the brochure shall not be regarded as a judgment by the professional that the patient is eligible for benefits and shall not affect any subsequent finding or statement of the professional related to the eligibility, or lack of eligibility, for a claim for benefits in connection 1with1 a health condition for which the patient is being treated. 1The provisions of this subsection shall not be construed as requiring a health care professional to provide a copy of the brochure to a patient of the professional while the patient is being seen or treated in an emergency room.1
d. A health care institution shall post in at least one conspicuous public place, including within each of its patient waiting rooms, a copy of the brochure prepared by the department as described in subsection b. of this section. A health care professional practicing outside of a health care institution shall post a copy of the brochure in at least one conspicuous public place at each of the practice locations owned or operated by that individual.
e. The department shall develop and implement a Statewide plan to promote public awareness of State temporary disability leave benefits, family temporary disability leave benefits, related unemployment compensation benefits, and family and medical leave rights. The Statewide plan shall include efforts to further disseminate the information and brochure described in subsection b. of this section by conducting outreach to, and fostering cooperative efforts with, public agencies, child care organizations, civic and community organizations, educational institutions, faith-based organizations, health and mental health organizations, labor unions, legal advocates and other advocacy groups, senior citizen organizations, social service organizations, trade and business associations, veterans' organizations, voluntary and charitable organizations, women's organizations, and any other appropriate associations, groups, or organizations serving workers and their families. The Statewide plan shall also describe specific department goals, anticipated activities, and timelines related to these dissemination and outreach efforts. The department shall update the Statewide plan on an annual basis, and the plan shall be posted on the website of the department.
f. Any cost to the department of implementing the provisions of this section shall be deemed to be necessary administrative costs of providing benefits pursuant to P.L.2008, c.17 (C.43:21-39.1 et seq.) and funded by contributions made by workers to the "Family Temporary Disability Leave Account" pursuant to R.S.43:21-7(d)(1)(G)(i) and (ii).
4. This act shall take effect on the first day of the seventh month next following the date of enactment.
