Human Resource Blog

New JerseyTempoary Disability

	Benefits
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Hello:

I have a full-time employee who has been directed by her doctor to go out on disability following an auto accident. She says she needs to be on “part-time disability”. She wants to work 4 hours per day and receive disability benefits for 4 hours per day.

What rules are there surrounding this work arrangement ? How would we calculate what to pay her based on this?

Thank you.

This is actually not an uncommon request. In some cases an employee may qualify for NJ short term disability payments, even when he or she can work part-time. And, of course, FMLA entitles workers to up to 12 weeks of unpaid leave, which they can use part-time if they wish. It is not unusual for someone with cancer, or who is recovering from a heart attack, stroke or injury, to need to work a reduced schedule. In fact, the employer may be required to give the worker a reduced schedule under ADA, the Americans with Disabilities Act.

The employer would pay the worker for the time she worked. If she works 4 hours per day, 5 days per week, she would be paid for 20 hours. According to the EEOC, even when an employee is salary exempt, the employer is allowed to prorate their salary, under these conditions. Doing so does not endanger the salaried exempt status.

As far as New Jersey temporary disability benefits, this is a matter that only the NJ Department of Labor and Workforce Development can determine. The employee may or may not qualify for benefits under the program. If she does, the benefits will replace part, but not all, of the income she has lost.