ASSEMBLY, No. 2465

STATE OF NEW JERSEY

INTRODUCED NOVEMBER 7, 1996

By Assemblyman ZISA

An Act concerning notification of certain employees of their temporary disability benefit coverage and supplementing P.L.1948, c.110 (C.43:21-25 et seq.).

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. a. Any employer which is a governmental entity or instrumentality and an employer as defined by paragraph (5) of subsection (h) of R.S.43:21-19 and which elects not to become a covered employer pursuant to the provisions of paragraph (2) of subsection (a) of section 3 of the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-27) shall:

    (1) If the employer has not already done so, give written notification, not more than 30 days after the effective date of this act, to each employee employed by the employer that the employee is not provided temporary disability benefits coverage under the provisions of P.L.1948, c.110 (C.43:21-25 et seq.); and

    (2) Give any new employee hired by the employer after the effective date of this act written notification, when the new employee is hired, that the employee will not be provided temporary disability benefits coverage under the provisions of P.L.1948, c.110 (C.43:21-25 et seq.).

    b. Any employer which is a governmental entity or instrumentality and an employer as defined by paragraph (5) of subsection (h) of R.S.43:21-19 and which elects to become a covered employer pursuant to the provisions of paragraph (2) of subsection (a) of section 3 of the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-27), and any other covered employer shall:

    (1) If the employer has not already done so, give written notification, not more than 30 days after the effective date of this act, to each employee employed by the employer that the employee is provided temporary disability benefits coverage under the provisions of P.L.1948, c.110 (C.43:21-25 et seq.); and

    (2) Give any new employee hired by the employer after the effective date of this act written notification, when the new employee is hired, that the employee will be provided with temporary disability benefits coverage under the provisions of P.L.1948, c.110 (C.43:21-25 et seq.).

    2. This act shall take effect on the 90th day following enactment.

STATEMENT

    This bill requires any governmental entity which elects not to provide benefits under the State's "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et seq.) to give written notification to all of its employees, including newly hired employees, that temporary disability insurance (TDI) coverage is not provided to the employees. The bill also requires each governmental entity which does elect to provide TDI benefits coverage, and each employer that is required to provide the coverage, to notify its current and newly-hired employees of that coverage.

    Almost all private sector employers are required under P.L.1948, c.110 to provide to their employees with TDI benefits consisting of up to 26 weeks of partial income replacement during a period of disability caused by illness or injury occurring outside of the workplace. The State government and most other governmental entities voluntarily provide those TDI benefits. Therefore, employees of the small minority of employers which do not provide TDI benefits often become aware that they do not have coverage only after they become disabled. The notification required by this bill will provide such employees a better opportunity to make plans to respond to possible disabilities, as well as make employees who do have coverage aware of their TDI benefits.

Requires notice to employees of their temporary disability benefit coverage status.