New Jersey A 3549: Makes FY 2022 supplemental appropriations of $139.8 million for Homestead Benefit Program and Senior and Disabled Citizens' Property Tax Freeze Program.

Bill Text

A3549 

ASSEMBLY, No. 3549 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman LOUIS D. GREENWALD

District 6 (Burlington and Camden)

Assemblywoman CAROL A. MURPHY

District 7 (Burlington)

Co-Sponsored by:

Assemblywomen Quijano, Lopez and Assemblyman Sampson

SYNOPSIS

���� Concerns eligibility for unemployment benefits.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

��

An Act concerning unemployment compensation for individuals 
who leave work for offers of other employment which are rescinded, and amending 
R.S.43:21-5.

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

���� 1.��� R.S.43:21-5 is amended 
to read as follows:

���� 43:21-5.����� An individual 
shall be disqualified for benefits:

���� (a)�� For the week in which 
the individual has left work voluntarily without good cause attributable to 
such work, and for each week thereafter until the individual becomes reemployed 
and works eight weeks in employment, which may include employment for the federal 
government, and has earned in employment at least [ten] 10 times the individual's 
weekly benefit rate, as determined in each case.� This subsection shall apply 
to any individual seeking unemployment benefits on the basis of employment in 
the production and harvesting of agricultural crops, including any individual 
who was employed in the production and harvesting of agricultural crops on a 
contract basis and who has refused an offer of continuing work with that 
employer following the completion of the minimum period of work required to 
fulfill the contract.� This subsection shall not apply to an individual who 
voluntarily leaves work with one employer to accept from another employer 
employment which commences not more than [seven] 10 
days after the individual leaves employment with the first employer, or an 
individual who leaves work with the first employer upon receipt of an offer of 
employment from another employer to commence not more than 10 days after the 
individual leaves work, but the offer is rescinded through no fault of the 
individual, if the employment with the second employer has weekly hours or 
pay not less than the hours or pay of the employment of the first employer, 
except that if the individual gives notice to the first employer that the 
individual will leave employment on a specified date and the first employer 
terminates the individual before that date, the [seven-day] 10-day 
period will commence from the specified date.

���� (b)�� For the week in which 
the individual has been suspended or discharged for misconduct connected with 
the work, and for the five weeks which immediately follow that week, as 
determined in each case. 

���� "Misconduct" means 
conduct which is improper, intentional, connected with the individual's work, 
within the individual's control, not a good faith error of judgment or 
discretion, and is either a deliberate refusal, without good cause, to comply 
with the employer's lawful and reasonable rules made known to the employee or a 
deliberate disregard of standards of behavior the employer has a reasonable 
right to expect, including reasonable safety standards and reasonable standards 
for a workplace free of drug and substance abuse. 

���� In the event the discharge 
should be rescinded by the employer voluntarily or as a result of mediation or 
arbitration, this subsection (b) shall not apply, provided, however, an 
individual who is restored to employment with back pay shall return any benefits 
received under this chapter for any week of unemployment for which the 
individual is subsequently compensated by the employer.

���� If the discharge was for gross 
misconduct connected with the work because of the commission of an act 
punishable as a crime of the first, second, third or fourth degree under the 
"New Jersey Code of Criminal Justice," N.J.S.2C:1-1 et seq., the individual 
shall be disqualified in accordance with the disqualification prescribed in 
subsection (a) of this section and no benefit rights shall accrue to any 
individual based upon wages from that employer for services rendered prior to 
the day upon which the individual was discharged. 

���� The director shall insure that 
any appeal of a determination holding the individual disqualified for gross 
misconduct in connection with the work shall be expeditiously processed by the 
appeal tribunal.

���� To sustain disqualification 
from benefits because of misconduct under this subsection (b), the burden of 
proof is upon the employer, who shall, prior to a determination by the 
department of misconduct, provide written documentation demonstrating that the 
employee's actions constitute misconduct or gross misconduct.

���� Nothing within this subsection 
(b) shall be construed to interfere with the exercise of rights protected under 
the "National Labor R