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LeaveRights Project
All State Laws

New Jersey

Verified March 2026

New Jersey Family Leave Act (NJFLA)

N.J. Stat. Ann. §§ 34:11B-1 to 34:11B-16

Paid LeaveMental Health Parity12 weeks
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Overview

New Jersey offers one of the nation's most robust systems of leave protections, combining job-protected leave with paid wage replacement through multiple overlapping programs. The New Jersey Family Leave Act (NJFLA) currently provides up to 12 weeks of unpaid, job-protected leave for employees of employers with 30 or more employees to care for a family member with a serious health condition or to bond with a new child. Effective July 17, 2026, A3451 phases down the NJFLA employer threshold to 15 employees, then to 10 (July 2027) and 5 (July 2028), and reduces the eligibility requirement to just 3 months of employment and 250 hours worked.

On the wage replacement side, New Jersey's Temporary Disability Insurance (TDI) program provides up to 26 weeks of benefits (up to 85% of average weekly wage, max $1,119/week in 2026) for workers who cannot work due to their own non-work-related illness or injury, including mental health conditions. TDI has a 7-day waiting period before benefits begin. The Family Leave Insurance (FLI) program provides up to 12 weeks of benefits at the same rate for caregiving, bonding, or matters related to domestic or sexual violence. FLI has no waiting period. TDI is funded by both employee and employer payroll contributions. FLI is funded entirely by employee payroll deductions.

Covered family members under NJFLA and FLI include your child, spouse, civil union partner, domestic partner, parent, parent-in-law, sibling, grandparent, grandchild, or any individual related by blood or whose close association with you is the equivalent of a family relationship.

A3451 also creates new job restoration rights for TDI and FLI recipients effective July 17, 2026, requiring employers to reinstate employees returning from TDI or FLI leave to the same or equivalent position.

The New Jersey Law Against Discrimination (LAD) provides critical additional protections by prohibiting disability discrimination, including discrimination based on mental health conditions, with no minimum employer size. Even employees of the smallest employers are protected from discrimination based on a mental health disability and entitled to reasonable accommodations.

Your employer must continue your group health insurance during NJFLA leave on the same terms as if you were still working. New Jersey also requires mental health parity in insurance coverage, ensuring that insurance plans cover mental health services on equal terms with physical health services.

Eligibility

Employer Size

30+ employees

Employment Duration

12months

Leave Duration

12 weeks

Paid Leave

Yes

Compared to Federal FMLA
Temporary Disability Insurance covers own mental health conditions. LAD has no minimum employer size for discrimination claims.

Additional Protections

New Jersey Law Against Discrimination (LAD)

Prohibits employment discrimination based on disability, including mental health conditions. Applies to all employers regardless of size and requires reasonable accommodations.

N.J. Stat. Ann. § 10:5-1 et seq.

Temporary Disability Insurance (TDI)

Provides up to 26 weeks of wage replacement benefits (up to 85% of average weekly wage, max $1,119/week in 2026) for workers unable to work due to their own non-work-related illness, including mental health conditions. 7-day waiting period before benefits begin. Funded by both employee and employer contributions.

N.J. Stat. Ann. § 43:21-25 et seq.

Family Leave Insurance (FLI)

Provides up to 12 weeks of wage replacement benefits (up to 85% of average weekly wage, max $1,119/week in 2026) for caregiving, bonding with a new child, or matters related to domestic or sexual violence. No waiting period.

N.J. Stat. Ann. § 43:21-39 et seq.

NJ SAFE Act

Provides up to 20 days of unpaid leave for victims of domestic violence or sexual assault, covering employees of employers with 25+ employees.

N.J. Stat. Ann. § 34:11C-1 et seq.

How to Exercise Your Rights

1. Request NJFLA Leave from Your Employer

  • Provide your employer with 30 days' advance notice if the leave is foreseeable.
  • Submit a written request specifying the reason for leave (caregiving or bonding).
  • Provide medical certification from the family member's health care provider if requested.

2. File for TDI or FLI Benefits

  • Visit MyLeaveBenefits.nj.gov to file your claim online.
  • For TDI (your own health condition): File within 30 days of becoming disabled. Your healthcare provider must complete a medical certification.
  • For FLI (caregiving/bonding): File within 30 days of the start of your leave. Provide proof of the qualifying event (birth certificate, medical certification, etc.).

3. File a Complaint if Your Rights Are Violated

  • Visit the NJ Division on Civil Rights website.
  • Complete and submit the intake form detailing the discrimination or leave violation.
  • You must file within 2 years of the discriminatory act.

Important Deadlines

  • 30 days - Advance notice required for foreseeable NJFLA leave
  • 30 days - Deadline to file TDI claim after becoming disabled
  • 30 days - Deadline to file FLI claim after leave begins
  • 2 years - Deadline to file a discrimination complaint with the Division on Civil Rights
  • 300 days - Deadline to file a charge with the federal EEOC

Official Resources

Full Statute Text

Read the complete text of the law

NJ Department of Labor - Family Leave Insurance

Administers Family Leave Insurance (FLI) benefits for caregiving and bonding. File claims and check benefit status online.

609-292-7060

NJ Department of Labor - Temporary Disability Insurance

Administers Temporary Disability Insurance (TDI) benefits for workers unable to work due to their own illness or injury.

609-292-7060

NJ Division on Civil Rights (DCR)

Enforces the New Jersey Law Against Discrimination (LAD). Handles complaints of employment discrimination including disability and mental health discrimination.

973-648-2700

Frequently Asked Questions

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