Know-Your-Rights

NJ Workers’ Rights to Paid Leave

In New Jersey, workers have many protections under various programs and laws to help ensure that they can take time off to care for their own health, as well as for loved ones’ health.
Some programs and laws are state laws and others are federal.  

See a summary below of the different rights that NJ workers might have — or jump to these specific pages for more details:

New Jersey’s wage replacement programs for Paid Family and Medical Leave are called, Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI). These programs provide 85% of your average weekly wage up to $1,055/week (for 2024) when you take leave for the following reasons;

  • if you are unable to work because a health condition prevents you from doing so (TDI covers this type of leave),

  • if you need to care for a seriously ill loved one,

  • for both parents to bond with a new child (adopted, foster, or birth)

  • to cope with domestic or sexual violence and to care for a loved one who is a victim/survivor.

  • to care for yourself or a loved one after gender-affirming surgery,

  • and more!

Currently to receive these benefits you need to meet minimum gross earnings (you have worked 20 calendar weeks earning at least $283 in those 20 weeks, or $14,200 in the base year period before taking leave), and have a social security number.

Exemptions include:

  • federal government employees, out of state employees (it does not matter where the employer is based), faith-based employees, and workers that are technically not employees (such as contractors),

  • TDI is optional for local (county & municipal) government, which typcially includes public school district employees

For more check out our page on Paid Family Leave.

To receive these benefits, you typically apply at the NJ State Department of Labor’s website: www.myleavebenefits.nj.gov

New Jersey’s
Earned Sick Leave Law

This law guarantees workers the right to earn 40 hours or 5 days of paid sick time. The law covers most* full-time, part-time and temporary workers regardless of their immigration status. Employers can require workers accrue their sick leave, earning 1 hour of paid sick time for every 30 hours worked. You can use the time for your own health reasons or to care for a loved one.

For more, check out our page on Earned Sick Leave.

Visit the NJ Department of Labor website www.mysickdays.nj.gov & file a complaint: https://wagehour.dol.state.nj.us

Job Protections while Taking Leave

In New Jersey, workers have many protections under various programs and laws to help ensure that they can take time off to care for their own health, as well as for loved ones’ health.

Your job may also be protected when you need to take leave to bond with or care for a loved one under the NJ Family Leave Act (FLA), or the federal Family Medical Leave Act (FMLA).  These are permanent job-protected leave laws that now also include protections for taking leave. For more details, visit www.nj.gov/oag/dcr/downloads/fact-FLA.pdf and www.njtimetocare.org/njjobprotections

  • New Jersey laws protects you against retaliation from your employer when asserting many of your workplace rights. Retaliation for standing up for your rights can take many forms. It can include:

    • getting fired,

    • getting a poor performance review,

    • changed salary, increased oversight on job duties,

    • changed workplace responsibilities,

    • getting denied a raise,

    • getting excluded from meetings that you would typically attend, getting transferred, and many other scenarios.

    If you believe you have been retaliated against it may require your employer hearing from the Department of Labor directly to end the retaliation being taken against you, you can contact the NJ Department of Labor at 609-292-2305.

All of these laws and programs can be confusing.
Try not to feel discouraged and seek support from others and organizations that can help you.

You can also check out the various possible different scenarios and benefit options in this guide (other languages available here) on the NJ Department of Labor Website. However, keep in mind, some employers may have their own more generous policies. Consider speaking with your employer about alternatives that may be available such as paid time off, working remotely, taking a leave of absence, and other opportunities or flexibilities that may be available.