43:21-39.3 Payment of benefits for family temporary disability leave, continuous or intermittent.

12. a. (1) All of the disability benefits paid to a covered individual during a period of family temporary disability leave with respect to any one birth, placement in foster care, or adoption shall be for a single continuous period of time or during non-consecutive weeks or days on an intermittent basis pursuant to paragraph (2) of this subsection, which shall be disclosed to the division by the employer.

(2) In the case of intermittent benefits for family temporary disability leave with respect to a birth, placement in foster care, or adoption, the covered individual shall provide the employer with prior notice of the leave not less than 15 days before the first day on which benefits are paid for the intermittent leave, unless an emergency or other unforeseen circumstance precludes prior notice; and the covered individual makes a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the employer and, if possible, provide the employer, prior to the commencement of intermittent leave, with a regular schedule of the days or days of the week on which the intermittent leave will be taken.

b. In the case of single continuous benefits for family temporary disability leave with respect to birth, placement in foster care, or adoption, the covered individual shall provide the employer with prior notice of the leave not less than 30 days before the leave commences, unless it commences while the individual is receiving unemployment benefits, in which case the covered individual shall notify the division. The amount of benefits shall be reduced by two weeks worth of benefits if the individual does not provide notice to an employer as required by this subsection b., unless the time of the leave is unforeseeable or the time of the leave changes for unforeseeable reasons.

c. Family temporary disability leave taken because of the birth or placement in foster care or for adoption of a child may be taken at any time within a year after the date of the birth or placement in foster care or for adoption.

L.2008, c.17, s.12; amended 2019, c.37, s.15.