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 seriously ill loved one, and to deal with issues 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 $1,025 for 2023 (adjusted annually).  New Jersey workers contribute a fraction of their earnings to the FLI program and the TDI program.

To be eligible you must work in New Jersey and meet minimum gross earnings. For 2023, you must have worked 20 weeks earning at least $260 weekly, or have earned a combined total of $$13,000 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. 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 the 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.

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 can contact the state Department of Labor appeal. Municipal, county (teachers) and federal employees are typically NOT eligible for TDI.

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 (FLA). The FLA currently covers workers at businesses with 50 or more employees, this changes to include business with 30 or more employees 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 and to apply for both TDI and FLI benefits visit www.myleavebenefits.nj.gov

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

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