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New Jersey family leave benefits and temporary disability benefits should be read as being co-extensive and may be collected even when working part-time on a second job.

April 1, 2018
Riker v. Board of Review, Docket No. A-5383-15T3 (App. Div. Feb. 6, 2018)

The plaintiff held both a full-time and part-time job. He sought family leave under the New Jersey Family Leave Act following the birth of his son, but he continued to work his part-time job. The plaintiff then sought temporary disability benefits. Initially, his claim was denied. In reversing this decision and remanding the claim back to the Board of Review for reconsideration, the Appellate Court held that the enabling regulations of the NJFLA and the temporary disability law are to be interpreted in unison and that the receipt of one does not necessarily preclude receipt of benefits under the other. Further, the court held that continued part-time employment did not disqualify the plaintiff from collecting benefits.

 

Case Law Alerts, 2nd Quarter, April 2018

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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