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New Jersey Bill Aims to Count Time Missed Due to a State of Emergency in Determining Eligibility for Certain Leave Benefits

Authors: Christopher R. Coxson (Morristown), Evan J. Shenkman (Morristown), Steven J. Luckner (Morristown)

Published Date: November 27, 2013

On September 30, 2013, a bill (S2996) was introduced seeking to expand eligibility for state leave and disability benefits for employees who have been laid off or furloughed due to a declared state of emergency. First, the bill would allow up to 90 days of an employee’s time missed to count for purposes of determining eligibility for leave under the New Jersey Family Leave Act and the New Jersey Security and Financial Empowerment Act (both of which require at least 1,000 hours worked during the preceding year). Next, the bill would allow up to 13 weeks of such absences to count as “base weeks” for determining eligibility for temporary disability and family leave insurance benefits (both of which have an eligibility requirement of 20 “base weeks” with pay each week at least 20 times the minimum wage, or having earned a total of 1,000 times the minimum wage over the preceding year).

Note: This article was published in the November, 2013 issue of the New Jersey eAuthority.

Christopher R. Coxson  (Morristown)

Christopher R. Coxson
Chris Coxson has focused his entire career on traditional labor matters. He represents management in collective bargaining negotiations, arbitrations, union organizing campaigns, as well as unfair labor practice and representation proceedings. Prior to joining Ogletree, Chris was a trial attorney with the National Labor Relations Board, Region 5 in Baltimore, Maryland, where, among other things, he investigated and successfully litigated numerous unfair labor practice cases, and served as a...

Evan J. Shenkman  (Morristown)

Evan J. Shenkman
Evan J. Shenkman is a member of Ogletree Deakins’ Knowledge Management Department, serving as the firm’s Senior Manager of Knowledge Management Counsel and Research. In his role, Mr. Shenkman is responsible creating processes, practices, and software to allow firm attorneys to work smarter, faster, and more in sync; creating internal and client-facing collaborative tools; and managing the firm's team of Knowledge Management Counsel and the firm's Legal Researchers. He also manages...

Steven J. Luckner  (Morristown)

Steven J. Luckner
Steven J. Luckner is a shareholder in the firm's Morristown office where his practice focuses on the defense of cases involving allegations of wrongful discharge, sexual harassment, age, race, sex, religious, disability discrimination, whistle-blower and other statutory claims. Mr. Luckner also has experience in the defense of wage and hour claims under both the Federal Fair Labor Standards Act and various state laws.Mr. Luckner prosecutes and defends cases involving post-employment...