Understanding Nj Maternity Laws: Who Is Covered?

New Jersey's maternity laws provide women and men with job protection and partial paid leave. The Family Leave Insurance Program, part of the New Jersey Temporary Disability Benefits Law, guarantees female employees partially paid maternity leave. Fathers are also covered by paternity leave, which they can use to care for a newborn or spend time with them. The New Jersey Family Leave Act (NJFLA) allows employees to take up to 12 weeks of unpaid time off every 24 months, and their job is protected during this period. The eligibility requirements for NJFLA include having worked for the company for at least 12 months and a minimum of 1,000 hours. However, it is important to note that employees with the highest salaries may be denied NJFLA, and the law does not protect their jobs.

Job protection and partial pay

New Jersey's job protection and partial pay laws for maternity leave are outlined in the state's Family Leave Insurance program, provided under the NJ Temporary Disability Benefits Law. These laws offer both women and men partially paid leave, with job protection. The amount and length of maternity leave in NJ can vary depending on the situation.

Temporary Disability Insurance (TDI)

TDI provides cash benefits for expectant mothers and birthing parents when they need to stop working before and after giving birth. It covers up to 26 weeks of partial wages (85% of the worker's average wage, up to a maximum of $1,025 per week in 2023). For a typical pregnancy, benefits are available for up to four weeks before the due date and six to eight weeks after birth (depending on the type of delivery). If there are medical complications, a longer period of benefits may be approved.

Family Leave Insurance (FLI)

FLI provides cash benefits after the recovery period, allowing new mothers and birthing parents to bond with their babies during the first year. It also covers the father or non-birthing parent. FLI provides up to 12 weeks of partial wages (85% of the worker's average wage, up to a maximum of $1,025 per week in 2023). New parents can take this leave in one consecutive 12-week period or as 56 intermittent days.

Job Protection

While TDI and FLI provide partial pay, they do not guarantee job protection. However, job protection may be provided by other laws, such as the Federal Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA). The FMLA gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave per year for childbirth, bonding with a new child, or a serious health condition. The NJFLA allows for up to 12 weeks of unpaid, job-protected leave every two years for bonding with a new child or caring for an ill relative.

Additionally, there are laws that protect against pregnancy discrimination and require employers to provide reasonable accommodations for pregnant employees, such as the New Jersey Law Against Discrimination (LAD) and the Pregnant Workers Fairness Act (PWFA). These laws help ensure that employees can maintain a healthy pregnancy and return to work after childbirth without facing discrimination.

Eligibility requirements

To be eligible for maternity leave in New Jersey, an employee must have been employed by the company for at least 12 months and have worked a minimum of 1,000 hours during that time. Eligibility for the New Jersey Family Leave Act (NJFLA) is available with companies or private employers who have 50 or more employees on staff globally.

In addition, there are income requirements to qualify for Temporary Disability Insurance (TDI). For 2024, an employee must have earned $283 per week for 20 weeks, or $14,200 in a year, to qualify for NJ TDI.

For the Family Medical Leave Act (FMLA), an employee must have accrued at least 1,250 hours in the previous 12-month period.

Health insurance continuation

In New Jersey, there are two programs that can help make the transition into pregnancy, birth, and bonding easier. These are Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI).

Temporary Disability Insurance (TDI)

TDI provides cash benefits for expectant mothers and birthing parents when they need to stop working before giving birth, and while recovering afterward. TDI benefits are usually payable up to four weeks before the expected date of delivery, and six weeks after giving birth (eight weeks for a Cesarean delivery). If your medical provider certifies that complications exist before and after delivery, benefits may be payable for a longer period. TDI is funded by employer and employee contributions (through payroll withholdings).

Family Leave Insurance (FLI)

FLI provides cash benefits after the recovery period so new mothers and birthing parents can bond with their babies during the first year. It is also available for the father or non-birthing parent to use anytime after the baby is born, before they turn one. FLI provides up to 12 weeks of partial wages (85% of the worker’s average wage) to bond with a new baby. New parents do not need to take their leave all at once. FLI can be taken in one consecutive 12-week period, or 56 intermittent days, depending on your needs.

During your leave, your health insurance coverage can continue as if you are still working. However, you may be required to pay your regular contribution to the premium. Your employer can deduct your portion of the premium from your paychecks or require you to pay your portion while on leave. If you are on leave without pay, your employer may require you to pay the full premium.

If you are covered by a private plan, your employer's insurance carrier is responsible for processing and paying benefits on your claim.

Family Leave Insurance

To qualify for Family Leave Insurance, you need to have paid into the program through your employment and meet minimum gross earnings requirements. Family Leave Insurance is available to most New Jersey workers. Exemptions include federal government employees, out-of-state employees, faith-based organizations, and workers who are not technically employees (such as contractors).

If your employer is covered for Family Leave Insurance, they are required to set up payroll contributions for you. If you believe you are covered under the program but payroll contributions have not been made, you are still encouraged to apply, as it may have been an error. If you recently became unemployed and have a need for Family Leave Insurance, you may still be eligible for benefits, and your application will be forwarded to the Family Leave During Unemployment section.

To qualify for Family Leave Insurance in 2024, you must have worked 20 weeks earning at least $283 weekly, or have earned a combined total of $14,200 in those four quarters (the base year). The minimum earnings requirement is the same for Temporary Disability Insurance and Family Leave Insurance, so if you received Temporary Disability benefits from the state for your pregnancy and postpartum recovery, you automatically meet the minimum earnings requirement for Family Leave benefits.

Applications for Family Leave Insurance benefits can be submitted online, by mail, or by fax. Instructions for filing your claim are included in the application, which must be signed and dated if filing by mail or fax. Applications are processed in the order they are received, and payment of benefits will be delayed if the application is incomplete or contains missing or conflicting information.

Short-term disability policy

New Jersey's temporary disability insurance (TDI) program provides wage replacement to employees who are unable to work due to a short-term disability, including pregnancy. The state-run program is funded through salary deductions from employees and contributions by employers.

To be eligible for TDI in New Jersey, you must have worked at least 20 calendar weeks and earned at least $283 per week, or earned at least $14,200 total. TDI benefits are typically payable up to four weeks before the expected date of delivery and up to six weeks after you give birth (or up to eight weeks after a Caesarean delivery).

To file for benefits, you can mail or fax the claim form, Form DS-1, to New Jersey's TDI Disability Insurance Office in Trenton. You must file your TDI claim within 30 days of becoming disabled.

TDI benefits are typically 85% of your average weekly salary for your base year, up to a maximum amount set by law. For 2024, the maximum TDI benefit amount is $1,055 per week.

After a seven-day waiting period, you'll begin to receive weekly benefits. If your disability continues for more than three consecutive weeks, you can be paid for the waiting week, unless you've been paid by your employer.

The number of weeks of TDI benefits you'll receive depends on why you're getting them. Generally, for a disability caused by injury or illness, you can collect benefits for a maximum of 26 weeks per benefit year.

New Jersey's TDI program doesn't provide job protection, but other laws might protect your job. Your job may be protected by the federal Family Medical Leave Act (FMLA) if you work for a company with at least 50 employees.

Private short-term disability insurance plans

Employers in New Jersey can provide coverage through an approved private short-term disability insurance plan, which might be paired with a long-term disability policy. If you're covered under a private plan, your employer's insurance carrier is responsible for processing and paying benefits on your claim.

Frequently asked questions