What is Paid Family Leave in New Jersey?

Two programs make up paid family (and medical) leave — NJ Family Leave Insurance & Temporary Disability Insurance

Family Leave Insurance (FLI) is paid leave available to take time off work to bond with a new child (birth, foster or adopted), to care for a loved one with a serious physical or mental health condition, or to handle certain matters related to domestic or sexual violence.

Temporary Disability Insurance (TDI) is paid leave for one’s own non-work-related injury, illness, or other disability, including pregnancy and recovery from delivery

Both programs provide 85% of workers’ average weekly wage, up to a maximum weekly benefit of $1,055 for 2024 (adjusted annually).  New Jersey workers contribute a fraction of their earnings to the FLI program and the TDI program (employers also contribute to TDI).

To be eligible you must be an employee working in New Jersey and meet minimum gross earnings. For 2024, you must have worked 20 weeks earning at least $283 weekly, or have earned a combined total of $14,200 in the base year period* (approx. 18 month before taking leave).

Both FLI and TDI were improved when Governor Murphy signed an expansion bill into law on February 19, 2019. However, some of the improvements did not go into effect until 2020. However, job protections are a seperate set of rights. Keep reading for more.

Let’s look at each program in more detail:

New Jersey FAMILY LEAVE INSURANCE (FLI)

Since July 1, 2020, FLI provides workers with 12 continuous weeks (over a 12-month period) or 56 intermittent days of paid leave. Most workers take FLI to bond with a new child — birth, adopted or foster — in the first year after birth or placement. Bonding FLI leave is available for both parents, not just the birth parent.

The benefit is also now available to take leave to care for most family relatives AND any loved one (the equivalent of a family relationship) with a serious health condition. When caring for a seriously ill loved one a medical care provider must certify a loved one’s health condition in the application for benefits.

Additionally, workers can receive FLI benefits when taking leave to deal with issues related to domestic and sexual violence, and to care for loved ones dealing with issues of domestic violence or sexual assault. You do not need a medical care provider to certify this type of leave however you may need to provide some evidence of the need for leave which your employer must keep confidential. Click for more on leave related to domestic violence or sexual assault.

Workers now have the choice to use their own paid time off before accessing FLI, previously employers could require employees take up to two weeks of their paid time off before accessing FLI.

Also now workers with more than one job can take leave from one job and receive FLI benefits while continuing to work their other.

New Jersey TEMPORARY DISABILITY INSURANCE (TDI)

TDI is available for up to 26 weeks in a 12-month period for non-work related disability. Benefits are available for workers who are unable to work due to a physical or mental health condition or other disability, including pregnancy's and recovery from delivery. Some employer provide TDI (or often referred to as SDI) through a private plan. Ask you employer what they provide. Both a private and state TDI program must provide paid leave for time your medical care provider CERTIFIES you are unable to work.

Standard TDI leave for pregnancy can begin 4 weeks before your due date continues after giving birth for either 6 weeks for a vaginal birth and 8 weeks for a cesarian. The time could be extended if your medical care provider certifies additional time before giving birth or for your recovery period — and this can even include coping with postpartum depression.

If your employer has a private TDI plan, it must provide equal or better than what the state provides. The state does oversee employer’s private plans (typically through an insurance company) to ensure compliance. If denied private TDI/SDI benefits you have the right to appeal to the Division of Temporary Disability Insurance. You have one year from the date your disability began to file your appeal.

Municipal, county (teachers) and federal employees are typically NOT eligible for TDI as it is an option under the law for those employers to participate in the program.

Other details about Paid Family Leave in New Jersey

You may have the explicit right to return to work when taking leave under the Federal Family and Medical Leave Act (FMLA) and the NJ Family Leave Act (NJFLA). The FLA currently covers workers at businesses with 30 or more employees, this changes to include business with 30 or more employees began on June 30, 2019

Employers may not retaliate against employees who request TDI or FLI benefits. Employers who fail to provide the DOLWD with information to process a claim causing a delay, may be required to additional penalties (effective February 19, 2019)

For more information on job protections under the NJ Family Leave Act (NJFLA) visit www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/new-jersey-family-leave-act

For more information on paid family and medical leave and to apply for both TDI & FLI benefits visit www.myleavebenefits.nj.gov

The enhanced law from 2018 can be viewed here, www.njleg.state.nj.us/2018/Bills/A4000/3975_R3.PDF

*BASE YEAR: The timeframe used to meet the minimum gross earnings requirement and to calculate the average weekly wage. The standard base year refers to the first four of the last five completed calendar quarters before the worker files a claim.

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