Step 1: What state do you work in?

About you · step 1

so far: NJ

What state do you work in?

Are you covered?

What a typical New Jersey birthing parent gets

For an employee earning $75,000 per year, vaginal delivery, working 12+ months at a 50+ employee company:

22 weeks total · 22 paid · 0 unpaid · $24,618 wage replacement

New Jersey's programs

TDI
NJ base-year earnings thresholds met; medical recovery before and after birth
FLI
Same TDI thresholds; 12 weeks bonding leave at 85% wage replacement
NJFLA
30+ employee employer + 12 months tenure; 12 weeks state job protection
FMLA
50+ employee employer + 12 months tenure + 1,250 hours; 12 weeks federal job protection

New Jersey runs two state-mandated wage replacement programs for birthing parents and partners.

Temporary Disability Insurance (TDI) covers the medical recovery portion: typically 4 weeks of pre-birth disability when certified by your provider, plus 6 weeks of post-birth recovery for a vaginal delivery (8 weeks for a C-section). TDI replaces 85% of your average weekly wage, capped at $1,119 per week in 2026 (which represents 70% of the statewide average weekly wage of $1,598.66).

Family Leave Insurance (FLI) picks up after the medical recovery period for bonding leave — 12 weeks at the same 85% rate and cap, available to birthing parents, non-birthing parents, adopting parents, and fostering parents. FLI can also be taken intermittently up to 8 weeks (56 days) within the first year.

The combination yields about 22 weeks of paid leave for a typical birthing parent — roughly 10 weeks of TDI plus 12 weeks of FLI, sequenced back-to-back.

Eligibility and how to apply

TDI/FLI eligibility. You must have earned at least $310 per week for 20 base weeks during the base year, OR earned $15,500 total in the base year. These thresholds increased from 2025 figures.

How to apply. TDI is filed at myleavebenefits.nj.gov/labor/myleavebenefits/worker/tdi/ — your provider must complete a medical certification. FLI is a separate claim at the same domain (path /fli/), filed after your medical recovery ends. There's a 7-day waiting period for TDI but no waiting period for FLI.

Job protection. TDI and FLI provide wage replacement but not job protection on their own. Job protection comes from federal FMLA (12 weeks at 50+ employee employers with 12+ months tenure and 1,250+ hours worked) and the New Jersey Family Leave Act (NJFLA), which provides 12 weeks of unpaid job-protected leave.

NJFLA's coverage expands meaningfully on July 17, 2026 under Assembly Bill 3451 (signed Jan 16, 2026): the employer threshold drops from 30 to 15 employees, the tenure requirement drops from 12 months to 3 months, and the hours requirement drops from 1,000 to 250 hours. Many workers who don't qualify today will qualify after July 17. NJFLA can run sequentially after FMLA in some cases, effectively extending job protection.

State-specific things worth knowing

NJ's combined TDI + FLI of approximately 22 paid weeks places it second only to California. The 85% wage replacement rate is one of the highest in the country, and the program is funded entirely through employee payroll deductions (TDI rate decreased to 0.19% in 2026; FLI rate decreased to 0.23%; taxable wage base $171,100).

Three practical points.

NJFLA's current 30-employee threshold means smaller employers must provide job protection that federal FMLA wouldn't require. If your company has between 30 and 49 employees and you've worked there long enough, you have job protection at the state level.

NJFLA expands on July 17, 2026 (A3451): the threshold drops to 15 employees, tenure to 3 months, hours to 250 — a meaningful expansion of who qualifies. If your leave starts after that date, plan against the expanded rules.

Employers cannot require you to use accrued PTO before FLI begins, but you can choose to use PTO to top up FLI to 100% of pay if your company permits. Check your employee handbook.

Frequently asked questions

Does my employer have to pay me during New Jersey maternity leave?

New Jersey requires Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI), funded through employee payroll deductions. TDI covers medical recovery at 85% of weekly wages, capped at $1,119/week for 2026. FLI covers 12 weeks of bonding at the same 85% rate and cap. Combined, that's about 22 paid weeks for a typical birthing parent — among the highest paid-leave totals in the United States.

Can I stack NJ TDI and FLI?

Yes — sequentially. TDI typically covers 4 weeks of pre-birth disability when certified by your provider, plus 6 weeks recovery for vaginal delivery (8 weeks for C-section). Then FLI provides 12 weeks of bonding. Combined: about 22 paid weeks for birthing parents. The 85% replacement rate is one of the highest in the US.

What if I'm not eligible for FMLA — can I still take TDI and FLI?

Yes. TDI and FLI eligibility is based on earnings — you need at least $310/week for 20 base weeks, or $15,500 total in your base year. There's no employer-size or tenure requirement. The New Jersey Family Leave Act (NJFLA) provides 12 weeks of job-protected leave at employers with 30+ employees if you've worked 12+ months — a lower threshold than federal FMLA's 50+ employees. NJFLA expands on July 17, 2026 (under A3451) to cover 15+ employee employers with 3-month tenure and 250 hours worked.

Does my job have to hold my position during NJ leave?

Job protection comes from either federal FMLA (12+ months tenure, 1,250+ hours, 50+ employee employer) or NJFLA. Under the current NJFLA rules: 12+ months tenure, 1,000+ hours worked, 30+ employee employer. Effective July 17, 2026 under A3451: 3+ months tenure, 250+ hours worked, 15+ employee employer — a substantial expansion. TDI and FLI alone are pay programs and don't include job protection.

What is the NJFLA, and how is it different from FMLA?

The New Jersey Family Leave Act is the state's job-protection law for family/bonding leave. Compared to federal FMLA: NJFLA's employer-size threshold is 30+ employees today (vs federal FMLA's 50+) and 15+ employees as of July 17, 2026 under A3451 — a significant drop. NJFLA only protects bonding/family leave; pregnancy disability protection comes separately under federal/state pregnancy laws. NJFLA can run sequentially after FMLA in some cases, effectively extending job protection beyond the federal 12-week limit. The state's Division on Civil Rights enforces it.

What happens to my health insurance during NJ maternity leave?

Under federal FMLA and NJFLA, your employer must continue your health insurance on the same terms as if you were working. You continue paying your employee share. If you're not protected by either (e.g., very small employer or short tenure), your employer can require you to pay the full premium during leave or may discontinue coverage. Check your handbook.

Can I take TDI before my baby is born?

Yes — typically 4 weeks of pre-birth TDI when your provider certifies you can't work. This is in addition to the 6-8 weeks of recovery TDI after birth. So a typical birthing parent in NJ uses about 10 weeks of TDI total, then transitions to 12 weeks of FLI bonding leave.

Sources

Verified May 2026 against New Jersey's official program documentation.