New Jersey workers can use the federal Family and Medical Leave Act (FMLA), but the state adds its own job protection and paid benefits on top of it. FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave, while New Jersey’s Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs can replace part of your wages. If you’re facing a health condition or caring for someone at home, knowing which program covers what helps you protect both your job and your paycheck.
Key takeaways
- New Jersey expanded job protection on July 17, 2026, so many more workers, including those at small employers and newer employees, now have the right to return to their job after leave.
- Your own health condition is covered by FMLA and TDI, while bonding and family care are covered by FMLA, the New Jersey Family Leave Act (NJFLA), and FLI.
- If your employer or the state asks for medical certification, get your health care provider involved early so your claim isn’t delayed.
Does New Jersey have its own FMLA law?
Yes. New Jersey has the New Jersey Family Leave Act (NJFLA), plus two state-run paid leave programs. These work alongside federal FMLA rather than replacing it.
Here’s how the main programs fit together:
- Federal FMLA provides up to 12 workweeks of unpaid, job-protected leave for your own serious health condition, a family member’s care, or a new child.
- NJFLA provides job-protected leave to bond with a new child or care for a family member with a serious health condition, but not for your own health condition.
- TDI pays partial wages when you can’t work because of your own illness, injury, or other disability that isn’t work-related.
- FLI pays partial wages when you take time off to bond with a new child or care for a seriously ill family member.
FMLA provides job-protected leave but doesn’t replace income. Short-term disability may replace part of your income but usually doesn’t, by itself, protect your job. New Jersey is an exception since July 2026, when workers receiving TDI or FLI gained state job protection, as explained below. Many people still use both FMLA and a wage-replacement benefit, and our guide to FMLA and short-term disability explains how they work together.
Who qualifies for FMLA and NJFLA in New Jersey?
Federal FMLA has the stricter rules, while NJFLA’s requirements dropped in 2026. Your HR department or leave administrator can confirm which laws apply to you.
Federal FMLA covers private employers with 50 or more employees, plus all public agencies and schools. Eligible employees generally need:
- At least 12 months with the employer.
- At least 1,250 hours worked in the 12 months before leave.
- A worksite with at least 50 employees within 75 miles.
Not everyone meets these rules. A national survey of U.S. workers and worksites found that 56% of employees are eligible for FMLA.
New Jersey’s rules are broader. Starting July 17, 2026, NJFLA covers employers with 15 or more employees worldwide, down from 30, and employees qualify after 3 months and 250 hours of work, down from 12 months and 1,000 hours. NJFLA still provides up to 12 weeks of job-protected leave in 24 months.
What’s new in New Jersey job protection for 2026?
As of July 17, 2026, workers receiving TDI or FLI benefits have job protection under state law during their leave, as long as NJFLA doesn’t already cover it. That means you have the right to return to your same job or one with the same pay, benefits, and seniority.
This new protection has no minimum employer size or work history requirement with your current employer. It helps groups who often had no job protection before:
- Workers at small employers that weren’t covered by FMLA or the old NJFLA thresholds.
- Newer employees who hadn’t been with their employer long enough.
- Some part-time workers who didn’t meet the hours requirements.
The state notes that formal rulemaking may change some policies, procedures, and forms, so check with your employer or a legal professional about your specific situation.
How does Temporary Disability Insurance work?
TDI replaces part of your wages when your own health condition keeps you from working. It’s the New Jersey benefit most people use alongside FMLA for their own illness, injury, or surgery.
TDI benefits work like this in 2026:
- Benefit amount: 85% of your average weekly wage, up to a maximum of $1,119 per week.
- Length: Up to 26 weeks, based on what your health care provider certifies.
- Eligibility: 20 weeks earning at least $310 per week, or $15,500 in total base-year earnings.
- Waiting week: The first week is an unpaid waiting period required by law.
- Medical certification: Your health care provider must certify the period you’re unable to work, usually online using a form ID from your application.
These figures are updated every year, so check the state’s TDI and FLI pages for the current weekly maximum and earnings requirements before you apply.
You generally have 30 days from the start of your disability to file. If your employer also needs FMLA paperwork, you may need a separate certification. When your own doctor can’t complete both in time, a board-certified physician can evaluate you for FMLA and short-term disability certification in a secure video visit. You must be physically located in New Jersey at the time of the visit.
How does Family Leave Insurance work?
FLI pays partial wages while you bond with a new child or care for a seriously ill or injured family member. It doesn’t cover your own health condition, which falls under TDI.
New Jersey’s FLI program offers:
- Up to 12 weeks of continuous leave in a 12-month period, or up to 56 days of intermittent leave.
- 85% of your average weekly wage, up to $1,119 per week in 2026.
- Bonding leave that must be used before your child’s first birthday.
- Notice to your employer of 30 days for continuous leave or 15 days for intermittent leave when possible.
Paid bonding leave can have health benefits beyond income. A study of paid family leave policies in California and New Jersey found a modestly greater likelihood of exclusive breastfeeding at 6 months after the policies took effect.
Can you take intermittent leave in New Jersey?
Yes. Both FMLA and FLI allow leave in separate blocks of time (intermittent leave) when your situation calls for it. FLI allows up to 56 days of intermittent leave in a 12-month period.
Intermittent FMLA works well for flare-ups of chronic conditions, ongoing treatments, or recurring appointments. Our guide to intermittent FMLA explains how it works, including how your provider estimates how often and how long you’ll be out.
How to get FMLA certification in New Jersey
Your employer can ask for medical certification before approving FMLA leave. You must be given at least 15 calendar days to return it.
- Tell your employer as soon as you know you need leave, with enough detail to show it may qualify.
- Get the right form. The official FMLA forms include WH-380-E for your own health condition and WH-380-F for a family member’s.
- Have a health care provider complete it, including the condition, how it affects your work, and how much leave you need.
- File for TDI or FLI separately through the state if you want paid benefits, since FMLA paperwork doesn’t start a state claim.
- Watch for your employer’s designation notice, which states whether your FMLA leave is approved.
Our guide to FMLA forms and how to complete them walks through each section.
What about New Jersey earned sick leave?
New Jersey’s earned sick leave law covers all employers. Workers earn 1 hour of paid sick time for every 30 hours worked, up to 40 hours a year, and employers can ask for documentation for absences of 3 or more consecutive days.
Earned sick leave may help cover short absences, depending on your employer’s policy.
If your condition is ongoing and leave runs out, unpaid leave can also be a reasonable accommodation under the Americans with Disabilities Act (ADA). If you’ve worked in another state with paid leave, our guide to FMLA in New York shows how a similar system works there.
Frequently asked questions
Is FMLA paid in New Jersey?
FMLA itself is unpaid. New Jersey workers can often receive partial pay through TDI for their own health condition or FLI for family care and bonding, both at 85% of average weekly wages up to the state maximum.
Can I take FMLA and TDI at the same time in New Jersey?
Often, yes. FMLA protects your job while TDI replaces part of your wages, so many workers use both for the same health condition. Each has its own paperwork and approval process.
Does NJFLA cover my own illness?
No. NJFLA covers bonding with a new child and caring for a family member with a serious health condition. Your own health condition is covered by federal FMLA and, for pay, TDI.
How long can I be on TDI in New Jersey?
TDI can last up to 26 weeks, based on how long your health care provider certifies you’re unable to work. Benefits end sooner if you return to work or reach your maximum benefit amount.
Who decides whether my leave is approved?
Your employer or leave administrator decides on FMLA and NJFLA leave, and the state decides on TDI and FLI claims. Medical certification supports your request, but it does not guarantee approval.
Get help with your FMLA and disability paperwork
If you need FMLA or short-term disability certification and your own provider can’t complete it in time, MyFMLA can help. A board-certified physician will evaluate your condition in a secure video visit. Intermittent FMLA documentation is typically completed within 1 business day, and continuous FMLA and more comprehensive requests within 1 to 3 business days after the appointment, when all required information is available. Start your evaluation; current pricing is shown on the booking page.
Sources
- U.S. Department of Labor, Wage and Hour Division. Accessed October 15, 2026. Fact Sheet #28: The Family and Medical Leave Act. https://www.dol.gov/agencies/whd/fact-sheets/28-fmla
- U.S. Department of Labor, Wage and Hour Division. Accessed October 15, 2026. FMLA Forms. https://www.dol.gov/agencies/whd/fmla/forms
- New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance. Effective July 17, 2026. NJ Expands Job-Protected Leave for Workers. https://www.nj.gov/labor/myleavebenefits/worker/job-protection-information/more-protections.shtml
- New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance. Accessed October 15, 2026. Temporary Disability Insurance. https://www.nj.gov/labor/myleavebenefits/worker/tdi/
- New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance. Accessed October 15, 2026. Family Leave Insurance. https://www.nj.gov/labor/myleavebenefits/worker/fli/
- New Jersey Department of Labor and Workforce Development. Accessed October 15, 2026. Earned Sick Leave. https://www.nj.gov/labor/worker-protections/earnedsick/
- U.S. Equal Employment Opportunity Commission. Accessed October 15, 2026. Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the ADA. https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
- U.S. Department of Labor, Wage and Hour Division. Accessed October 15, 2026. Family and Medical Leave Act. https://www.dol.gov/agencies/whd/fmla
- Chang K, Brown S, Herr J, Roy R, Klerman JA. Employee and Worksite Perspectives of the Family and Medical Leave Act: Executive Summary for Results from the 2018 Surveys. Abt Associates; U.S. Department of Labor, Chief Evaluation Office; July 2020. https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/WHD_FMLA2018SurveyResults_ExecutiveSummary_Aug2020.pdf
- Hamad R, Modrek S, White JS. Paid family leave effects on breastfeeding: a quasi-experimental study of US policies. Am J Public Health. 2019;109(1):164-166. doi:10.2105/AJPH.2018.304693. https://pubmed.ncbi.nlm.nih.gov/30359107/
Medical documentation supports your request but does not guarantee approval. Final decisions are made by your employer, insurance carrier, leave administrator, school, or applicable state program.
This article is for informational purposes only and is not a substitute for professional medical advice.
