If I am Getting Temporary Disability, Can I Continue to Work Part Time?
Understanding the rules of New Jersey’s Temporary Disability Benefits Law (TDBL)
The State of New Jersey is one of the few states in the nation with a state-run temporary disability benefits program. This program is financed through payroll taxes paid by both employer and employee contributions. To qualify for temporary disability benefits, an employee must be suffering from a temporary illness or injury which keeps them from being able to work. The temporary illness or injury must not have been caused by your job, and you must be under medical care for treatment of the illness or injury. Under the temporary disability benefits law, an employee can receive up to 26 weeks of partial wage replacement. The weekly benefit amount the employee can receive is two-thirds of their average weekly wage, up to the maximum payable amount, which is $637 per week in 2018. The employer can choose to either participate in the State Plan or to establish their own Private Plan through which benefits are provided.
Can an employee continue to work part time while receiving temporary disability benefits?
An employee cannot continue to work, even part time, while receiving temporary disability benefits. However, employees who normally work only part time may still be able to qualify to receive temporary disability benefit payments if they are no longer able to work because of their temporary illness or injury. If you receive any payment for working after you became disabled, this payment will disqualify you from qualifying for temporary disability benefits. Anyone who knows or has reason to believe someone is working and collecting disability benefit payments at the same time is encouraged to notify the State of New Jersey Department of Labor and Workforce Development.
Is an employer required to save an employee’s position while they are receiving temporary disability benefits?
An employer is not required to hold your position for you while you are receiving temporary disability benefits, unless they are required to hold your position under another state or federal employment law. If the employer refuses to restore the employee’s employment once their disability period ends, the employee does not have any right to bring action against the employer for failing to do so. Certain leaves of absence which qualify for temporary disability benefits may also qualify under other state and federal leave employment laws such as New Jersey’s paid sick leave law, the federal Family and Medical Leave Act (FMLA), and the New Jersey Security and Financial Empowerment Act (NJ SAFE). If an employee’s leave qualifies under one of these laws, then their employment is typically protected under these laws and the employer is required to allow the employee to return to their position, or another equivalent position, when the leave is over.
Rely on the experience of our Kearny injury attorneys to guide you through the temporary disability benefits process
Filing for temporary disability benefits can be a confusing process. Additionally, you may be denied or may not agree with the benefits decision made on your behalf. The Kearny injury lawyers at Brady, Brady & Reilly, LLC have the experience you can trust to advocate on your behalf and guide you through the temporary disability benefits process. Contact us today for your free consultation. Our firm has been serving Kearny and surrounding areas since 1965. We can meet with you in our office, at your home, or in the hospital. Call us at (201) 997-0030 or complete our online contact form to request a free consultation. We look forward to speaking with you.
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