Human Resource Blog

Employer Concerns About NJ Disability

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Can employees “double-dip” by collecting sick pay PLUS disability pay in

New Jersey? Why am I the “chargeable employer” for disability if someone only worked here for 3 weeks? What if I don’t believe the employee is really disabled?

In general employees are not entitled to New Jersey Temporary Disability Benefit (or TDB)  payments for any period for which they were paid sick leave, vacation or holiday pay by the employer. An employer who pays money to a disability claimant should report the amount of money paid to the state disability office in writing. Be sure to include the claimant’s name, social security number, the amount paid and the type of payment.

Even if an employee only works for you for a short time, you may be the “chargeable employer” under the law. When an employee files for unemployment, all of their employers for the past year split the charges. However, this is not possible for disability insurance, because some employers opt for coverage by a private fund, while others use the state temporary insurance program.

As a result, the worker’s current or most recent employer is always the “chargeable employer” under the law – even if the employee has only worked there a short time. If that employer subscribes to the state plan, benefits are paid through TDB. If that employer uses a private short-term disability program, benefits are paid through that program.

Theoretically, this system evens out eventually with every employer paying his or her share.

An employee who has been unemployed for 14 days or less is still entitled to TDB payments… and the last employer is still chargeable for them. Employees who have been unemployed more than 14 days may collect TDB, but under a program through unemployment compensation.

If an employer believes that a person filing a disability claim is NOT disabled, the employer can request an independent medical examination on the wage request form. The employee will be required to see a third-party doctor who will verify that they have a serious medical condition that prevents the employee from working. If the employee fails to keep that doctor’s appointment, they may lose their disability benefits.

Failing to complete the wage request form is not a good idea. It just delays the inevitable, and it may result in fines for the employer.