New Jersey’s Family Leave Insurance provides employees cash benefits when they are on leave from work to bond with a new child, care for a seriously ill family member, or handle matters stemming from domestic or sexual violence. Workers can receive benefits for up to 12 consecutive weeks in a 12-month period, or up to eight weeks in the same period if taking leave non-continuously.
It’s important to note that New Jersey runs another leave benefits program — NJ Temporary Disability Insurance — for individuals unable to work due to their own physical or mental health condition or another disability unrelated to their work (including pregnancy, childbirth recovery, and COVID-19).
Details about both programs can be found on the New Jersey Department of Labor and Workforce Development’s website.
What leave options does New Jersey Family Leave Insurance provide employees?
Individuals can access NJ Family Leave Insurance benefits when they’re taking leave to bond with a new child, care for a family member with a physical or mental health condition, or handle certain situations related to domestic or sexual violence.
Workers taking time off to bond with a newborn can receive benefits for one continuous period of 12 consecutive weeks. Alternatively, they can take leave benefit days “on a day-to-day basis up to eight weeks (56 individual days) to suit the employee’s needs” during the child’s first year of life.
Individuals can receive benefits in the same fashion when they take time off work to care for a seriously ill family member, including blood relatives and other individuals “the employee considers to be family.”
Similarly, Family Leave Insurance is available for those who have experienced domestic or sexual violence, or for those whose loved ones have experienced domestic or sexual violence. Circumstances eligible for leave include:
- “Seeking medical attention, therapy, victim advocacy, or legal services.
- “Safety planning or escaping abuse, such as staying in a domestic violence shelter.
- “Attending or preparing for court.
- “Recovering at home.”
While employees in any of these circumstances can choose to claim their benefits all at once or on a day-by-day basis, their choice will impact the duration of their leave entitlement. Individuals who take one continuous period of leave may claim up to 12 weeks of benefits in a 12-month period. Individuals who claim benefits intermittently can receive up to eight weeks (56 days) of benefits in a 12-month period.
Who is eligible for New Jersey Family Leave Insurance benefits?
NJ Family Leave Insurance is available to most New Jersey-based workers who contribute to the state plan for Family Leave Insurance. Workers with an approved private plan may be eligible as well.
To gain eligibility, workers must also meet a minimum earning requirement during their “base year” — the first four quarters of the five completed quarters prior to the week their leave begins. “To qualify for Family Leave Insurance in 2025,” the state stipulates, “workers must have worked 20 weeks earning at least $303 weekly, or have earned a combined total of $15,200 in those four quarters.”
While most employees are eligible for NJ Family Leave Insurance, there are a few exemptions. These include:
- Federal government employees
- Out-of-state employees
- Employes of faith-based organizations
- Contractors or other workers who are not classified as employees
What wage replacement does New Jersey Family Leave Insurance offer?
Recipients of NJ Family Leave Insurance benefits receive 85% of their average weekly wage, “up to the maximum weekly benefit rate.” In 2025, the maximum weekly benefit rate is $1,081 per week.
Does New Jersey Family Leave Insurance require employer contributions?
No. According to the state of New Jersey, “the Family Leave program is financed 100% by worker payroll deductions.” In 2025, workers will contribute 0.33% on the first $165,400 earned in covered wages, up to $545.82.
Does New Jersey Family Leave Insurance interact with other types of leave?
Employees are permitted to use accrued paid time off (PTO) before they claim Family Leave benefits. Employers may not require employees to use PTO before claiming benefits, however. When employees choose to use their PTO, they may still receive the maximum duration of benefits to which they are entitled.
Does New Jersey Family Leave Insurance offer job protection?
No, NJ Family Leave Insurance does not provide job protection. The state is quick to point out, however, that employees may receive job protection from other leave-related laws such as the Family and Medical Leave Act, the New Jersey Family Leave Act, or the New Jersey Security and Financial Empowerment Act.
What is the employer’s role in New Jersey Family Leave Insurance?
While the application for NJ Family Leave Insurance includes an employer portion, employers are no longer required to complete it. Employers may need to supply extra information to New Jersey’s Division of Temporary Disability and Family Leave Insurance. According to the state’s website, this information can include: Federal employment identification numbers; paid time off, vacation, or sick time used; any intermittent days an employee worked; employee’s last date of work; confirmation of valid wages; wages paid to your employee during their family leave period.
Employers’ other duties include:
- Hanging Family Leave Insurance posters in the workplace.
- Providing written information about Family Leave Insurance when an employee is hired, asks for information, or discusses a need for leave.
- Reporting employees’ quarterly earnings.
New Jersey also asks employers to monitor the benefits issued to employees and to notify its Division “if benefits are being issued incorrectly.” The Division encourages employers to “pay close attention to the form (D20) Notice of Eligible Determinations,” which notifies the employer that an employee’s Family Leave application has been approved. The Division says it relies on employers to “check the time frame” the department issued benefits before, and check it against the days employees reported to work or received paid time off. Incorrect payments should be reported immediately.
When does an employee need to give notice of their New Jersey Family Leave Insurance Benefits?
The amount of notice an employee is obligated to give employers depends on the type of leave they’re taking and the way they’re taking it.
For bonding claims, employees are to give 30 days’ notice when taking leave in one continuous period. If employees are taking leave intermittently, they must give 15 days’ notice.
For caregiving claims, employees must give their employer “reasonable notice” when taking leave in one continuous period, unless emergency circumstances arise. Employees taking intermittent leave must give employers 15 days’ notice before absences.
How can your HR team ensure they are compliant with New Jersey Family Leave Insurance?
The state of New Jersey provides helpful information and many resources about its Family Leave Insurance program on its website. To enhance your compliance efforts, schedule a demo with AbsenceSoft. Our system is updated by our in-house experts to keep you compliant from day one.