Paid Leave in New Jersey: What Can I Expect?

New Jersey leave laws require employers to give employees time off under certain
circumstances. Unfortunately, New Jersey employers don’t always comply with these
laws.

If your employer has denied you leave or is punishing you for a protected absence,
Ashton E. Thomas, Esquire can protect and fight for your rights.

Paid Leave Programs
Two paid leave programs are governed under New Jersey’s Temporary Disability Law:
Temporary Disability and Family Leave.

Both programs are designed to protect workers from unnecessary hardships caused by
involuntary unemployment. New Jersey requires all employers that employ someone for
30 days or more per year to participate in the state leave program or carry approved
private insurance.

Temporary Disability
The temporary disability NJ program is designed to protect workers unable to work
because of an injury, illness, or disability that wasn’t caused by their work. Most
employers in the state are required to carry Temporary Disability Insurance (TDI).
Employers can participate in New Jersey’s TDI plan or provide private insurance.
Private plans must be approved by the Division of Temporary Disability insurance and
provide benefits and coverage equal to or greater than the states.

Family Leave

NJ family leave insurance (FLI) allows workers to take time off work to care for an ill or
injured family member or bond with a new child. The New Jersey Family Leave Act
allows qualifying employees to take up to 12 weeks of leave over 24 months. Workers
are provided with cash benefits during this time.

Types of Paid Leave

Medical
Medical leave covers absences for illnesses or injuries that weren’t caused on the job.
Workers can take a maximum of 26 weeks of leave.

Family
Family leave allows workers to take time off to care for a family member or bond with a
new child. Eligible workers can use family leave to care for:
● Spouses
● Domestic partners
● Parents
● Children
● Grandparents
● Grandchildren
● In-laws
● Siblings
● Other family members
● Non-related individuals that the worker sees as family
Parents can take time off to bond with a newborn, a newly adopted child, or a foster
child that has just entered their care. Workers can take up to 12 weeks of leave.

Maternity

Temporary disability benefits are available for expecting mothers who need to take time
off work before giving birth or recover after giving birth. Family Leave can cover
absences to care for and bond with new children.
While it’s possible to take up to 26 weeks of TDI and 12 weeks of FLI, most pregnancy
claims provide six to eight weeks of benefits. Medical certification may be necessary for
additional benefits.

Coverage and Benefit Amounts
Working employees in New Jersey that contribute to state plans are eligible for leave as
long as they meet one of these requirements:
● Earned $12,000 or more across the last four quarters
● Worked at least 20 weeks for an employer offering leave, earning $240 or more
per week
Workers are not eligible to claim benefits if they are:
● Independent contractors
● Working out of state
● Working for the federal government
Both Temporary Disability and Family Leave benefits are based on your average
earnings. Workers will receive 85% of their average weekly wage when claiming cash
benefits. Benefits are currently capped at $993 per week, but the maximum benefits are
updated with each calendar year.
In New Jersey, there’s a seven-day waiting period before employees can start to collect
benefits. After they’ve received three weeks of benefits, workers can collect benefits for
those initial seven days. Workers can take leave all at once or spread their leave over a
longer time.

Is Your Employer Violating New Jersey Leave Laws?
Employers violate New Jersey leave laws for several reasons. Some employers aren’t
aware of their legal obligations, while others try to override the legal rights of their
employers. If your employer denies your rights, you need the help of the best
employment lawyers in NJ.

Whether your employer is denying your right to leave or trying to fire you for a protected
absence, Ashton E. Thomas, Esquire is here to help. We specialize in employment law
and are committed to protecting the interests of our clients. Give us a call at 908-289-
3640 to learn more.