🇺🇸 New Jersey Paid Leave — 2026 UPDATE

New Jersey Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

⚠️Informational only — not legal or tax advice.

Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of New Jersey, United States      
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

How long is maternity leave in New Jersey How long is paternity leave in New Jersey

Table of Contents

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Introduction

New Jersey requires private employers of all sizes to provide paid sick leave under the New Jersey Earned Sick Leave Law (N.J.S.A. 34:11D-1 et seq.). New Jersey also operates two state-funded wage replacement programs — Family Leave Insurance (FLI) and Temporary Disability Insurance (TDI) — administered by the New Jersey Department of Labor and Workforce Development (NJDOL) Division of Temporary Disability and Family Leave Insurance. At the federal level, the Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave. New Jersey also maintains the New Jersey Family Leave Act (NJFLA), a state job-protection statute that runs alongside FLI. This page compiles current requirements from the NJDOL and the U.S. Department of Labor.

Quick Reference — New Jersey Paid Leave Snapshot

New Jersey Paid Leave Laws at a Glance (2026)
Category Status
Mandatory Paid Sick Leave Yes — all employers
Governing Statute N.J.S.A. 34:11D-1 et seq. (New Jersey Earned Sick Leave Law)
Administering Agency NJ Dept. of Labor and Workforce Development — nj.gov/labor/myworkrights/leave-benefits/sick-leave/
Covered Employers (Sick Leave) All employers, regardless of size
Eligible Employees (Sick Leave) Nearly all employees; usage allowed after 120 days of employment
Accrual Rate 1 hour per 30 hours worked; or frontload 40 hours at start of benefit year
Annual Cap 40 hours use per benefit year; unlimited accrual cap
Carryover Up to 40 hours; or employer may pay out unused leave
Paid Family Leave Program Yes — Family Leave Insurance (FLI)
Companion Disability Program Yes — Temporary Disability Insurance (TDI)
FLI Administering Agency NJDOL Division of Temporary Disability and Family Leave Insurance — myleavebenefits.nj.gov
FLI Benefits Available Since 2009 (expanded July 1, 2020)
FLI Wage Replacement Rate 85% of average weekly wage
FLI Maximum Weekly Benefit (2026) $1,119 per week
FLI Maximum Duration 12 consecutive weeks; or 56 intermittent days per 12-month period
FLI Employee Contribution Rate (2026) 0.23% of covered wages up to $171,100; max contribution $393.53
TDI Maximum Weekly Benefit (2026) $1,119 per week
TDI Maximum Duration Up to 26 weeks per disability period
TDI Employee Contribution Rate (2026) 0.19% of covered wages up to $171,100; max contribution $325.09
Job Protection (NJFLA) Yes — New Jersey Family Leave Act (N.J.S.A. 34:11B-1 et seq.)
NJFLA Covered Employers (current) 30+ employees worldwide (expanding to 15+ effective July 17, 2026)
FMLA Applies Yes (Federal baseline)
Information Current As Of March 2026

Sources: nj.gov/labor · myleavebenefits.nj.gov · dol.gov/agencies/whd/fmla

Does New Jersey Require Paid Sick Leave?

New Jersey requires paid sick leave for virtually all employees under the New Jersey Earned Sick Leave Law (N.J.S.A. 34:11D-1 et seq.), which took effect October 29, 2018. The law is administered by the New Jersey Department of Labor and Workforce Development, Wage and Hour Division. There is no employer-size threshold — the statute applies to all employers operating in New Jersey.

Source: nj.gov/labor/myworkrights/leave-benefits/sick-leave/law.shtml

Which Employers Are Covered?

The New Jersey Earned Sick Leave Law applies to all employers, including small businesses with one employee. Public employers that already provide paid sick leave under a separate New Jersey law are excluded. Employers may use an existing paid time off (PTO) policy to satisfy the statute, provided the policy meets or exceeds the law’s minimum accrual, usage, and qualifying-reason requirements.

Source: nj.gov/labor/myworkrights/leave-benefits/sick-leave/

Which Employees Are Eligible?

The New Jersey sick leave law covers full-time, part-time, temporary, and seasonal employees, regardless of pay structure (salaried, hourly, cash, piece-rate). Employees may begin accruing earned sick leave on the first day of employment but may not use accrued leave until 120 days after their first day. Employees exempt under the Fair Labor Standards Act are presumed to work 40 hours per week for accrual purposes.

The following categories are exempt from the statute:

  • Employees in the construction industry covered by a collective bargaining agreement
  • Per diem healthcare employees
  • Public employees already covered by a separate New Jersey paid sick leave law

Independent contractors are not covered.

Source: nj.gov/labor/forms_pdfs/earnedsickleave/whatemployersneedtoknow.pdf

Accrual, Frontloading & Caps

Under the accrual method, employees earn one hour of paid sick leave for every 30 hours worked, up to 40 hours per benefit year. As an alternative, employers may frontload the full 40 hours on the first day of the benefit year, eliminating the need to track accrual. Employers that frontload less than 40 hours must allow carryover of unused leave.

Key accrual parameters:

  • Annual usage cap: 40 hours per benefit year
  • Accrual cap: The New Jersey sick leave law does not establish a total accrual cap — employers are not required to allow accrual or carryover beyond 40 hours per year, but may choose to provide more
  • Carryover: Unused accrued sick leave carries over to the next benefit year, up to 40 hours; alternatively, employers may offer to pay out unused leave at the end of the benefit year (employee has 10 days to accept)
  • Waiting period before use: 120 calendar days after the first day of employment
  • Prorating for mid-year hires: Employers may prorate frontloaded leave for employees hired during the benefit year, provided actual accrual is tracked
  • Rehire rule: If an employee is terminated and rehired within six months, previously accrued sick leave must be reinstated
  • Business succession: A new employer that takes over a business must maintain accrued sick leave from the predecessor

The benefit year is a consecutive 12-month period established by the employer. Employers must provide written notice to the NJDOL Commissioner at least 30 calendar days before changing the benefit year.

Source: nj.gov/labor/myworkrights/leave-benefits/sick-leave/law.shtml

Qualifying Reasons for Paid Sick Leave

Under N.J.S.A. 34:11D-1, employees may use earned sick leave for the following reasons:

  • Diagnosis, care, treatment, or recovery from the employee’s own physical or mental health condition, including preventive medical care
  • Care for a family member’s physical or mental health condition, including preventive medical care
  • Circumstances related to domestic violence, sexual assault, or stalking against the employee or a family member (medical treatment, legal proceedings, safety planning, relocation)
  • Attending a child’s school-related conference, meeting, or function
  • Closure of the employee’s workplace or a child’s school/childcare facility by order of a public official due to a public health emergency or epidemic
  • Quarantine of the employee or a family member recommended by a healthcare provider or public health authority during a public health emergency

Source: nj.gov/labor/myworkrights/leave-benefits/sick-leave/

Definition of Family Member

Under the New Jersey Earned Sick Leave Law, “family member” includes:

  • Child (biological, adopted, foster, step, legal ward, or child of a domestic partner)
  • Parent (biological, adoptive, foster, step, legal guardian, or parent-in-law)
  • Spouse, domestic partner, or civil union partner
  • Grandchild or grandparent
  • Sibling
  • Sibling of a spouse, domestic partner, or civil union partner
  • Any individual related by blood to the employee
  • Any individual whose close association with the employee is the equivalent of a family relationship

Source: nj.gov/labor/myworkrights/leave-benefits/sick-leave/law.shtml

Pay Rate & Documentation

Sick leave is paid at the employee’s regular rate of pay, which must be no less than the New Jersey minimum wage. For employees with fluctuating pay, multiple jobs with the same employer, or pay that includes tips or gratuities, the rate is calculated by adding total earnings (excluding overtime) for the seven most recent workdays and dividing by hours worked.

Employer notice requirements:

  • Written notice of sick leave rights must be provided to each employee at the time of hire, upon first request, and posted in a conspicuous workplace location
  • Notice must include the start and end dates of the benefit year
  • Notice is available in English and 12 additional languages from the NJDOL

Employee notice requirements:

  • For foreseeable leave: employer may require up to seven days’ advance notice
  • For unforeseeable leave: employee must provide notice as soon as practicable
  • Employers may prohibit foreseeable sick leave use during designated high-volume periods, provided employees receive reasonable advance notice of those periods

Documentation: Employers may not require employees to specify the reason for sick leave use. For sick leave of three or more consecutive days, employers may require reasonable documentation. Employers are prohibited from requiring an employee to find a replacement worker as a condition of using sick leave.

Recordkeeping: Employers must maintain records documenting compliance for at least five years and must provide records to the NJDOL upon request.

Source: nj.gov/labor/forms_pdfs/earnedsickleave/whatemployersneedtoknow.pdf

Retaliation Protections

The New Jersey Earned Sick Leave Law prohibits employer retaliation against any employee for requesting or using earned sick leave, filing a complaint with the NJDOL, or informing another person of their rights under the statute. The law establishes a “rebuttable presumption” of retaliation: if an employee reports a violation or discusses their rights under the law and faces adverse action within 90 days, the NJDOL presumes that adverse action constitutes retaliation. Penalties for violations include back wages, civil fines, and other remedies.

To file a paid sick leave complaint:

Source: nj.gov/labor/myworkrights/leave-benefits/sick-leave/

Does New Jersey Have a Paid Family & Medical Leave Program?

New Jersey operates two complementary wage replacement programs through the NJDOL Division of Temporary Disability and Family Leave Insurance: Family Leave Insurance (FLI), covering bonding and caregiving leave, and Temporary Disability Insurance (TDI), covering an employee’s own disability including pregnancy. FLI benefits have been available since 2009 and were substantially expanded effective July 1, 2020. Both programs are governed by the New Jersey Temporary Disability Benefits Law (N.J.S.A. 43:21-25 et seq.) and administered through myleavebenefits.nj.gov.

Program Overview — Family Leave Insurance (FLI)

Administering agency: NJDOL Division of Temporary Disability and Family Leave Insurance Program portal: myleavebenefits.nj.gov/worker/fli/ Benefits available since: January 1, 2009 (expanded July 1, 2020) Funding mechanism: 100% employee payroll contributions; employers do not contribute to FLI 2026 employee contribution rate: 0.23% of covered wages up to the taxable wage base of $171,100 2026 maximum employee annual contribution: $393.53

Source: nj.gov/labor/lwdhome/press/2025/20251229_newbenefitrates2026.shtml · myleavebenefits.nj.gov/worker/fli/

Program Overview — Temporary Disability Insurance (TDI)

TDI provides wage replacement for an employee’s own non-work-related disability, including pregnancy and childbirth recovery. It is the mechanism through which birthing parents receive paid leave during pregnancy and postpartum recovery, before transitioning to FLI for bonding.

Funding: Both employees and employers contribute

  • Employee contribution (2026): 0.19% of covered wages up to $171,100; maximum $325.09 annually
  • Employer contribution (2026): 0.10%–0.75% on first $44,800 of each employee’s wages

Source: nj.gov/labor/myleavebenefits/employer/

Qualifying Reasons for FLI Benefits

Under the New Jersey Temporary Disability Benefits Law, FLI benefits are available for:

  • Bonding with a newborn child during the first 12 months after birth
  • Bonding with a newly adopted or foster-placed child during the first 12 months of placement
  • Care for a family member with a serious physical or mental health condition
  • Handling certain matters related to domestic violence or sexual violence affecting the employee or a family member

TDI covers the employee’s own disability, including pregnancy-related disability, complications of childbirth, and postpartum recovery, as certified by a licensed healthcare provider.

Source: myleavebenefits.nj.gov/worker/fli/ · nj.gov/labor/ea/help/employer_handbook/tdi-fli.shtml

Benefit Amount & Duration
Benefit Detail Family Leave Insurance (FLI) Temporary Disability Insurance (TDI)
Wage Replacement Rate 85% of average weekly wage 85% of average weekly wage
Maximum Weekly Benefit (2026) $1,119 per week $1,119 per week
Maximum Duration — Continuous 12 consecutive weeks in a 12-month period Up to 26 weeks per disability period
Maximum Duration — Intermittent 56 individual days (8 weeks) in a 12-month period Partial benefits available after 7+ consecutive full disability days
Waiting Period None for FLI 7-day waiting period for TDI (no benefits paid for first 7 days)
Job Protection Not provided by TDI/FLI directly — see NJFLA below Same
Health Insurance Continuation Not mandated by TDI/FLI statute Same

Source: nj.gov/labor/lwdhome/press/2025/20251229_newbenefitrates2026.shtml · myleavebenefits.nj.gov/help/faq/fli.shtml

Important note on job protection: FLI and TDI are wage replacement programs. Job protection is provided separately under the federal FMLA and the New Jersey Family Leave Act (NJFLA). Beginning July 17, 2026, A3451/S2950 extends job restoration rights to employees receiving TDI or FLI benefits, requiring covered employers to reinstate employees to the same or equivalent position upon return from leave.

Eligibility Requirements for FLI and TDI

To qualify for FLI or TDI benefits in 2026, an employee must have:

  • Worked at least 20 “base weeks” in covered New Jersey employment during the base year, where a base week in 2026 is defined as any week the employee earned at least $310; or
  • Earned a combined total of at least $15,500 in covered wages during the four-quarter base year

The base year consists of the first four of the five completed calendar quarters before the week the leave began. Alternative base year calculations are available for workers who do not qualify under the standard method.

All private-sector employees whose employers are subject to the New Jersey Unemployment Compensation Law contribute to TDI. Any New Jersey worker who contributes to the state FLI plan (or an employer’s approved private plan) is potentially eligible for FLI benefits.

Source: myleavebenefits.nj.gov/worker/fli/ · myleavebenefits.nj.gov/help/faq/tdi.shtml

How to Apply for FLI and TDI Benefits

Applications for FLI and TDI are filed through the NJDOL’s secure online portal at myleavebenefits.nj.gov. Paper applications (Form FL-1 for FLI; Form DS-1 for TDI) may be mailed to: Division of Temporary Disability & Family Leave Insurance, P.O. Box 387, Trenton, NJ 08625-0387, or faxed to 609-984-4138.

Application timeline:

  • Applications may be started online up to 60 days before a planned procedure or pregnancy claim
  • Claims must be filed within 30 days of the first day of leave; late applications require explanation and may result in reduced or denied benefits
  • For continuous bonding leave: employer must receive 30 days’ advance notice; failure to provide adequate notice may reduce the benefit entitlement by 14 days
  • For intermittent bonding leave: 15 days’ advance notice before each separate period

After submission, claimants receive confirmation of receipt. Applications are processed in order of receipt. Claim status may be checked at secure.dol.state.nj.us/DOL_DABI/.

Source: myleavebenefits.nj.gov/worker/fli/

Employer Obligations Under FLI and TDI

Covered employers must:

  • Withhold and remit employee FLI and TDI payroll contributions quarterly
  • Report employee quarterly earnings to the state (used to determine eligibility and benefit amounts)
  • Provide written notice of FLI and TDI program rights upon hire and upon request
  • Post the NJDOL employer poster packet, available at nj.gov/labor/wageandhour/tools-resources/forms-publications/employer-poster-packet/
  • Notify the Division immediately if benefits are being issued incorrectly to an employee

Employers may opt out of the state TDI/FLI plan and instead provide an approved private plan. Private plans must be approved by the NJDOL Division of Temporary Disability Insurance and must offer rights, benefits, and eligibility standards equal to or greater than the state plan.

Under the 2026 amendment (A3451, effective July 17, 2026): covered employers must restore employees who use TDI or FLI benefits to the same position or an equivalent position with the same seniority, pay, benefits, and employment terms upon return from leave.

Source: nj.gov/labor/myleavebenefits/employer/ · nj.gov/governor/news/news/562026/approved/20260117c.shtml

New Jersey Family Leave Act (NJFLA) — Job Protection

FLI benefits are paired with job protection under the New Jersey Family Leave Act (N.J.S.A. 34:11B-1 et seq.), which is enforced by the New Jersey Division on Civil Rights (DCR). The NJFLA provides up to 12 weeks of unpaid, job-protected leave in any 24-month period for qualifying family reasons. The NJFLA does not cover an employee’s own health condition; TDI and the federal FMLA serve that function.

Current NJFLA eligibility (through July 16, 2026):

  • Employer coverage: private employers and government entities with 30 or more employees worldwide
  • Employee eligibility: at least 12 months of employment with the covered employer, and at least 1,000 hours worked in the preceding 12 months

Expanded NJFLA eligibility (effective July 17, 2026 — A3451/S2950):

  • Employer threshold decreases to 15 or more employees (phased further to 10+ on July 17, 2027, and 5+ on July 17, 2028)
  • Employee eligibility threshold decreases to 3 months of employment and 250 hours worked in the preceding 12 months
  • Approximately 400,000 additional New Jersey workers gain NJFLA coverage

NJFLA qualifying reasons:

  • Bonding with a new child during the first 12 months after birth, adoption, or foster placement
  • Care for a family member with a serious health condition
  • Closure of a child’s school or daycare by a public health official during a health emergency

NJFLA enforcement: Complaints are filed with the NJ Division on Civil Rights: njcivilrights.gov or 833-653-2748.

Sources: nj.gov/oag/dcr/downloads/fact-FLA.pdf · nj.gov/governor/news/news/562026/approved/20260117c.shtml

Maternity, Paternity & Parental Leave in New Jersey

How Long Is Maternity Leave in New Jersey?

The total duration of paid maternity leave in New Jersey depends on which programs apply. For birthing parents who meet eligibility requirements, New Jersey offers a layered combination of TDI, FLI, and NJFLA/FMLA job protection that can extend to approximately 24–30 weeks of combined paid and job-protected leave:

  • TDI (pregnancy disability): Up to 4 weeks before the expected delivery date plus 6 weeks after a vaginal delivery or 8 weeks after a Cesarean section — paid at 85% of average weekly wage, up to $1,119/week in 2026. Duration may be extended if a healthcare provider certifies complications.
  • FLI (bonding): Up to 12 consecutive weeks after the TDI disability period ends — paid at 85% of average weekly wage, up to $1,119/week in 2026, within the first 12 months of the child’s birth.
  • FMLA/NJFLA job protection: Eligible employees at covered employers receive up to 12 weeks of job-protected leave under FMLA (running concurrently with TDI for pregnancy recovery) plus up to an additional 12 weeks under NJFLA for bonding (which runs separately from the FMLA disability period, under a sequential leave structure available to employees covered by both laws).

For employees not eligible for TDI or FLI, the federal FMLA provides 12 weeks of unpaid, job-protected leave at covered employers.

Sources: myleavebenefits.nj.gov/worker/maternity/ · myleavebenefits.nj.gov/help/faq/mat.shtml · myleavebenefits.nj.gov/worker/resources/Bonding_expansion_2.shtml

Is Maternity Leave Paid in New Jersey?

New Jersey maternity leave is paid through TDI and FLI for eligible workers:

  • TDI (pregnancy/recovery): Paid at 85% of the employee’s average weekly wage, up to $1,119/week in 2026. Covers the period of medical disability related to pregnancy and childbirth recovery. Benefits are funded through employee and employer payroll contributions.
  • FLI (bonding): Paid at 85% of the employee’s average weekly wage, up to $1,119/week in 2026. Covers bonding with the new child after the disability period ends. Funded entirely through employee payroll contributions.

Neither TDI nor FLI requires an employer to pay wages during leave — they are state insurance programs. Employees may also have accrued paid sick leave available under the New Jersey Earned Sick Leave Law, but under the 2026 NJFLA amendment (A3451), employers cannot require employees to use earned sick leave and TDI/FLI benefits at the same time; the employee selects the sequence.

FMLA leave, where it applies, is unpaid unless the employee chooses to use accrued paid leave concurrently.

Sources: myleavebenefits.nj.gov/worker/maternity/ · nj.gov/labor/lwdhome/press/2025/20251229_newbenefitrates2026.shtml

Paternity Leave and Parental Leave in New Jersey

Non-birthing parents — including fathers, adoptive parents, foster parents, and domestic or civil union partners of a birthing parent — are eligible for New Jersey FLI bonding benefits on equal terms with birthing parents (following their TDI recovery period). FLI provides up to 12 consecutive weeks or 56 intermittent days of paid bonding leave at 85% of average weekly wage, up to $1,119/week in 2026, within the first 12 months of birth, adoption, or foster placement.

New Jersey paternity leave under FLI is available regardless of gender. For bonding with a newborn, the employee must be the biological parent or the domestic or civil union partner of the biological parent.

Under FMLA, both parents at covered employers are entitled to 12 weeks of job-protected unpaid leave for the birth or placement of a child. Under NJFLA (current coverage: employers with 30+ employees; expanding to 15+ effective July 17, 2026), both parents may take up to 12 weeks of job-protected leave in any 24-month period for bonding.

FMLA and NJFLA leave for bonding may run concurrently if both the employer and leave reason qualify under both statutes.

Sources: myleavebenefits.nj.gov/worker/fli/ · nj.gov/oag/dcr/downloads/fact-FLA.pdf

Federal FMLA in New Jersey

The federal Family and Medical Leave Act applies to New Jersey employers and employees who meet the statutory thresholds. New Jersey FMLA coverage operates alongside — and in many respects is superseded by — New Jersey’s own TDI, FLI, and NJFLA programs, which provide paid wage replacement and job protection for qualifying leave reasons.

FMLA Coverage and Eligibility

Covered employers: Private employers with 50 or more employees within a 75-mile radius; all public agencies and public and private elementary and secondary schools, regardless of size.

Eligible employees must meet all three conditions:

  1. Employed by a covered employer for at least 12 months (need not be consecutive)
  2. Worked at least 1,250 hours during the 12-month period immediately preceding the leave
  3. Work at a location where the employer has 50 or more employees within 75 miles

Leave entitlement:

  • Up to 12 workweeks of unpaid, job-protected leave in a 12-month period for most qualifying reasons
  • Up to 26 workweeks in a single 12-month period for military caregiver leave

During FMLA leave, the employer must maintain the employee’s group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Source: dol.gov/agencies/whd/fmla

Qualifying Reasons Under FMLA

The federal FMLA covers the following qualifying reasons:

  • Birth of a child and care of the newborn during the first 12 months
  • Placement of a child for adoption or foster care and bonding during the first 12 months
  • Care for a spouse, child, or parent with a serious health condition
  • The employee’s own serious health condition that renders the employee unable to perform essential job functions
  • A qualifying exigency arising from a spouse, child, or parent being on covered active duty or being called to active duty in the Armed Forces
  • Military caregiver leave: care for a covered servicemember or veteran with a serious injury or illness (up to 26 weeks)

Source: dol.gov/agencies/whd/fmla

Is FMLA Paid or Unpaid in New Jersey?

Federal FMLA leave is unpaid. New Jersey does not have a separate state law making FMLA leave itself paid. However, New Jersey’s TDI and FLI programs provide wage replacement that runs concurrently with FMLA-qualifying leave in many circumstances:

  • An employee’s own serious health condition (including pregnancy): TDI provides 85% wage replacement up to $1,119/week for up to 26 weeks; this TDI period runs concurrently with FMLA medical leave
  • Bonding with a new child: FLI provides 85% wage replacement up to $1,119/week for up to 12 weeks; this FLI period may run concurrently with FMLA bonding leave
  • Employees may also use accrued New Jersey earned sick leave for FMLA-qualifying health-related absences; under A3451 (effective July 17, 2026), employees — not employers — control the sequencing of earned sick leave and TDI/FLI benefits and may not be required to use them concurrently

Source: myleavebenefits.nj.gov/help/faq/fli.shtml · dol.gov/agencies/whd/fmla

Does FMLA Apply to Small Businesses in New Jersey?

Federal FMLA applies only to private employers with 50 or more employees within a 75-mile radius. Private employers with fewer than 50 employees are not subject to federal FMLA.

New Jersey law provides additional coverage for smaller employers through two mechanisms:

  • FLI/TDI: These programs apply to all private-sector employers subject to the New Jersey Unemployment Compensation Law, regardless of size. There is no employer-size threshold for FLI or TDI wage replacement benefits.
  • NJFLA (job protection): Currently covers employers with 30 or more employees worldwide. Effective July 17, 2026, the threshold drops to 15 employees; to 10 employees on July 17, 2027; and to 5 employees on July 17, 2028.

Employees at smaller employers not covered by FMLA or NJFLA may still receive paid wage replacement through FLI or TDI if they meet the earnings eligibility requirements — but their job is not protected by those programs independently (though A3451 extends job restoration rights for TDI/FLI recipients at covered NJFLA employers beginning July 17, 2026).

Sources: dol.gov/agencies/whd/fmla · nj.gov/labor/myleavebenefits/worker/fli/ · nj.gov/governor/news/news/562026/approved/20260117c.shtml

How New Jersey PFML Interacts with FMLA

New Jersey FMLA and state programs interact in a layered structure that provides stronger combined protections than federal FMLA alone:

Concurrent vs. sequential leave:

  • FMLA and NJFLA generally run concurrently when leave qualifies under both statutes (e.g., bonding with a new child at an employer with 50+ employees)
  • A key exception applies to birthing parents: FMLA covers both the pregnancy disability period and bonding; NJFLA covers only bonding (not the employee’s own disability). This means a birthing parent may take 12 weeks of FMLA for pregnancy/recovery and then an additional 12 weeks of NJFLA for bonding — a sequential structure of up to 24 weeks of job-protected leave at qualifying employers
  • FLI (paid bonding) may run concurrently with NJFLA job-protected leave
Key differences between FMLA and New Jersey state programs
Feature Federal FMLA NJ FLI NJ TDI NJFLA
Paid or unpaid Unpaid Paid (85% AWW) Paid (85% AWW) Unpaid
Employer size threshold 50+ employees All employers All employers 30+ employees (15+ from July 17, 2026)
Covers employee's own condition Yes No Yes No
Covers bonding Yes Yes No Yes
Duration 12 weeks / year 12 weeks / year Up to 26 weeks 12 weeks / 24 months
Job protection Yes With NJFLA (from July 17, 2026) With FMLA / NJFLA Yes

Employer size differences: FMLA requires 50+ employees; NJFLA currently requires 30+ (expanding). Employees at employers with 30–49 workers have NJFLA job protection but not federal FMLA protection.

Family member definitions: FMLA covers spouse, child, and parent. NJFLA and FLI use broader definitions that include domestic partners, civil union partners, grandparents, grandchildren, siblings, and individuals with whom the employee has a family-equivalent relationship — providing greater coverage for non-traditional family structures.

Sources: dol.gov/agencies/whd/fmla · myleavebenefits.nj.gov/worker/resources/Bonding_expansion_2.shtml · nj.gov/oag/dcr/downloads/fact-FLA.pdf

Other Protected Leave Categories in New Jersey

Bereavement Leave

New Jersey does not have a statewide statute mandating paid or unpaid bereavement leave for private employers. Some collective bargaining agreements and employer policies provide bereavement leave. New Jersey FLI does not cover bereavement. Oregon is currently the only U.S. state with a mandatory bereavement leave law applicable to all employers.

Jury Duty Leave

Under N.J.S.A. 2B:20-17, New Jersey prohibits employers from discharging or threatening to discharge an employee called to serve as a juror. The statute does not require employers to pay wages during jury service, though many employer policies provide pay. An employee dismissed from jury duty with four or more hours remaining in the workday must make a reasonable effort to return to work for the remainder of that day.

Source: law.justia.com/codes/new-jersey/title-2b/section-2b-20-17/

Voting Leave

New Jersey does not have a statewide law requiring employers to provide paid or unpaid leave for employees to vote. Voter registration and election information is available through nj.gov/state/elections/.

Domestic Violence / Crime Victim Leave

New Jersey’s Security and Financial Empowerment (SAFE) Act (N.J.S.A. 34:11C-1 et seq.) provides up to 20 days of unpaid leave in a 12-month period for employees who are victims of domestic violence or a sexually violent offense — or whose family member is a victim — to attend medical, legal, or safety-related appointments. The SAFE Act applies to employers with 25 or more employees. Qualifying reasons for SAFE Act leave overlap significantly with the domestic violence provisions of the New Jersey Earned Sick Leave Law (which provides paid leave for such purposes and applies to all employers).

Source: nj.gov/labor/myworkrights/leave-benefits/

Military Leave

New Jersey employers must comply with the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects the employment and reemployment rights of employees who serve in the uniformed services. New Jersey also has the New Jersey Military Leave Law (N.J.S.A. 38:23C-20), which provides up to 90 days of unpaid, job-protected leave for employees called to active duty in the New Jersey National Guard or State militia.

Source: nj.gov/labor/myworkrights/

Prenatal Leave

New Jersey does not have a separate statute mandating dedicated prenatal leave independent of the TDI and FMLA frameworks. Pregnancy-related disability (including conditions requiring prenatal appointments or bed rest) is covered by TDI when a healthcare provider certifies that the condition prevents the employee from working. New York enacted 20 hours of paid prenatal leave effective January 2025; New Jersey has not enacted a comparable standalone provision as of March 2026.

2026 Updates & Recent Legislative Changes

What Changed in New Jersey Paid Leave Laws in 2025–2026?

January 17, 2026 — NJFLA Expansion Signed (A3451/S2950; effective July 17, 2026): Governor Phil Murphy signed Assembly Bill A3451/S2950 on January 17, 2026, enacting the most significant amendment to the New Jersey Family Leave Act in years. Taking effect July 17, 2026, the law:

  • Reduces the NJFLA employer-coverage threshold from 30 employees to 15 employees (phasing to 10 in July 2027, and 5 in July 2028)
  • Reduces employee eligibility from 12 months/1,000 hours to 3 months/250 hours in the preceding 12 months
  • Extends job restoration rights to employees receiving TDI or FLI benefits, requiring covered employers to reinstate employees to the same or equivalent position upon return
  • Grants employees the right to select the sequence in which earned sick leave and TDI/FLI benefits are used; concurrent use of the two benefit types is prohibited
  • Estimated to extend NJFLA protections to more than 400,000 additional New Jersey workers

Source: nj.gov/governor/news/news/562026/approved/20260117c.shtml

January 1, 2026 — Updated TDI/FLI Benefit Rates: The NJDOL announced the following changes effective January 1, 2026:

  • Maximum weekly benefit for TDI and FLI: $1,119 (increased from $1,081 in 2025)
  • FLI employee contribution rate: 0.23% (decreased from 0.33% in 2025)
  • TDI employee contribution rate: 0.19% (decreased from 0.23% in 2025)
  • Taxable wage base: $171,100 (increased from $165,400 in 2025)
  • 2026 base week amount: $310 (increased from $303 in 2025)
  • 2026 FLI alternative earnings threshold: $15,500 (increased from $15,200 in 2025)

Source: nj.gov/labor/lwdhome/press/2025/20251229_newbenefitrates2026.shtml

Pending Legislation

As of March 2026, the New Jersey Legislature has not enacted standalone statewide paid bereavement leave legislation or additional expansions to the Earned Sick Leave Law beyond current requirements. Current bill tracking is available through the New Jersey Legislature at njleg.state.nj.us.

How to File a Paid Leave Complaint in New Jersey

Filing a Paid Sick Leave Complaint

Complaints alleging violations of the New Jersey Earned Sick Leave Law are filed with the NJDOL Wage and Hour Division:

The statute of limitations for earned sick leave complaints is two years from the date of the violation. The rebuttable presumption of retaliation applies to adverse actions taken within 90 days of a protected activity.

Source: nj.gov/labor/myworkrights/leave-benefits/sick-leave/

Filing an FLI or TDI Claim or Appeal

Initial FLI and TDI claims are applications for benefits, not complaints. Applications are filed through:

  • Online portal: myleavebenefits.nj.gov
  • Mail: Division of Temporary Disability & Family Leave Insurance, P.O. Box 387, Trenton, NJ 08625-0387
  • Fax: 609-984-4138

If a claim is denied or benefits are reduced, the claimant may appeal. Information on the appeals process is available at myleavebenefits.nj.gov and claim status can be monitored at secure.dol.state.nj.us/DOL_DABI/.

Source: myleavebenefits.nj.gov/help/faq/fli.shtml

Filing an NJFLA Complaint

Complaints alleging denial of job-protected leave or retaliation under the New Jersey Family Leave Act are filed with the NJ Division on Civil Rights:

  • Website: njcivilrights.gov
  • Phone: 833-653-2748
  • Statute of limitations: Two years from the date of the alleged violation; a Superior Court action must be filed within two years and cannot be filed simultaneously with a DCR complaint

Source: nj.gov/oag/dcr/downloads/fact-FLA.pdf

Filing an FMLA Complaint

FMLA complaints are filed with the U.S. Department of Labor Wage and Hour Division:

Source: dol.gov/agencies/whd/contact/complaints

Interstate Considerations for Remote Workers

New Jersey paid leave laws apply based on where the employee performs work, not where the employer is headquartered. A remote worker physically located in New Jersey who works for an out-of-state employer is generally entitled to New Jersey earned sick leave, and the employer is generally subject to TDI/FLI contribution requirements, provided the employment relationship is subject to the New Jersey Unemployment Compensation Law. This principle is confirmed by the NJDOL’s enforcement posture, which covers workers “regardless of where you live” for benefit eligibility purposes.

Multi-state employers with New Jersey remote employees should ensure payroll systems capture New Jersey TDI and FLI contribution withholding, post the required New Jersey employer notices accessible to remote employees, and apply New Jersey sick leave accrual rules to those employees’ time worked in the state. The expanding NJFLA employer-coverage threshold (decreasing to 15 employees in July 2026) is based on total worldwide employees, not New Jersey employees — meaning an out-of-state employer with 15 or more total employees and even one New Jersey worker may be covered by NJFLA effective July 17, 2026.

For comprehensive analysis of remote work obligations by state, see RemoteLaws.com: /remote-work-laws/u-s-states/new-jersey/.

Frequently Asked Questions — New Jersey Paid Leave

How does FMLA work in New Jersey?

Federal FMLA entitles eligible employees at covered employers (50+ employees within 75 miles) to up to 12 weeks of unpaid, job-protected leave per year for the birth or placement of a child, the employee’s own serious health condition, or care for a seriously ill spouse, child, or parent. In New Jersey, FMLA operates alongside state programs: TDI provides paid wage replacement during an employee’s own disability (including pregnancy), and FLI provides paid wage replacement for bonding and caregiving. NJFLA provides separate job protection at employers with 30+ employees (15+ from July 17, 2026). Sources: dol.gov/agencies/whd/fmla · myleavebenefits.nj.gov

How long is maternity leave in New Jersey?

Eligible birthing parents can access approximately 10–20 weeks of paid leave through combined TDI (4 weeks before delivery plus 6–8 weeks postpartum) and FLI (up to 12 additional weeks for bonding). Job protection through FMLA and NJFLA can extend covered leave further. The total duration depends on individual eligibility, employer size, and whether leave is taken continuously or intermittently. Sources: myleavebenefits.nj.gov/worker/maternity/ · myleavebenefits.nj.gov/help/faq/mat.shtml

Is maternity leave paid or unpaid in New Jersey?

For eligible workers, New Jersey maternity leave is paid through TDI (for pregnancy disability) and FLI (for bonding), each at 85% of the employee’s average weekly wage up to $1,119/week in 2026. Workers who do not meet FLI/TDI earnings eligibility may have access only to unpaid FMLA or NJFLA job-protected leave. Source: nj.gov/labor/lwdhome/press/2025/20251229_newbenefitrates2026.shtml

Who is eligible for FMLA in New Jersey?

Employees are eligible for federal FMLA if they: (1) work for a covered employer (private with 50+ employees within 75 miles, or any public agency), (2) have been employed for at least 12 months, and (3) have worked at least 1,250 hours in the preceding 12 months. Source: dol.gov/agencies/whd/fmla

Is FMLA leave paid in New Jersey?

Federal FMLA leave is unpaid. However, New Jersey FLI and TDI provide paid wage replacement that runs concurrently with FMLA for qualifying reasons — 85% of average weekly wages up to $1,119/week in 2026. Employees may also elect to use accrued earned sick leave during FMLA leave; they control the sequencing effective July 17, 2026. Sources: dol.gov/agencies/whd/fmla · myleavebenefits.nj.gov

Does New Jersey have paid sick leave?

Yes. The New Jersey Earned Sick Leave Law (N.J.S.A. 34:11D-1 et seq.) requires all employers to provide up to 40 hours of paid sick leave per year, accruing at one hour per 30 hours worked. The law applies to all employers regardless of size and took effect October 29, 2018. Source: nj.gov/labor/myworkrights/leave-benefits/sick-leave/

Does New Jersey have paid family leave?

Yes. New Jersey Family Leave Insurance (FLI) provides up to 12 weeks of paid leave at 85% of average weekly wages (up to $1,119/week in 2026) for bonding with a new child or caring for a seriously ill family member. The program is funded through employee payroll deductions and administered by the NJDOL. Source: myleavebenefits.nj.gov/worker/fli/

How many sick days are required in New Jersey?

New Jersey law requires employers to provide up to 40 hours (5 days for a standard 8-hour schedule) of earned paid sick leave per benefit year. Accrual is at one hour per 30 hours worked, and employees may begin using leave after 120 days of employment. Source: nj.gov/labor/myworkrights/leave-benefits/sick-leave/law.shtml

Does FMLA apply to small businesses in New Jersey?

Federal FMLA applies only to private employers with 50 or more employees within a 75-mile radius. However, New Jersey FLI and TDI apply to all private-sector employers regardless of size, and the NJFLA job-protection threshold is expanding from 30 to 15 employees effective July 17, 2026 (10 in 2027; 5 in 2028). Small-business employees may still receive paid wage replacement through FLI/TDI even without FMLA or NJFLA coverage. Sources: dol.gov/agencies/whd/fmla · nj.gov/governor/news/news/562026/approved/20260117c.shtml

How long is paternity leave in New Jersey? Does New Jersey offer paternity leave?

New Jersey FLI provides non-birthing parents (fathers, same-sex partners, adoptive and foster parents) with up to 12 weeks of paid bonding leave at 85% of average weekly wages, up to $1,119/week in 2026, within the first 12 months of a child’s birth or placement. FMLA and NJFLA also provide job-protected bonding leave at covered employers. New Jersey paternity leave under FLI is available regardless of gender. Source: myleavebenefits.nj.gov/worker/fli/

Can an employer deny paid sick leave in New Jersey?

State law prohibits covered employers from denying earned sick leave to eligible employees. Employers may set reasonable notice requirements (up to 7 days for foreseeable leave) and may designate certain high-volume periods during which foreseeable sick leave is restricted, but cannot deny leave for qualifying reasons or retaliate against an employee who requests or uses earned sick leave. Source: nj.gov/labor/myworkrights/leave-benefits/sick-leave/law.shtml

Is paid sick leave available to part-time employees in New Jersey?

Yes. The New Jersey Earned Sick Leave Law covers full-time, part-time, temporary, and seasonal employees. Part-time employees accrue sick leave at the same rate of one hour per 30 hours worked, with the same 40-hour annual usage cap. Source: nj.gov/labor/forms_pdfs/earnedsickleave/whatemployersneedtoknow.pdf

Can paid sick leave be used for a family member’s illness in New Jersey?

Yes. New Jersey’s Earned Sick Leave Law permits employees to use accrued paid sick leave to care for or assist a family member with a physical or mental health condition, including medical appointments and preventive care. The statute’s definition of “family member” is broad and includes children, parents, spouses, domestic partners, grandparents, grandchildren, siblings, and individuals with family-equivalent relationships. Source: nj.gov/labor/myworkrights/leave-benefits/sick-leave/

What happens to unused sick leave if an employee leaves their job in New Jersey?

New Jersey law does not require employers to pay out unused earned sick leave upon separation. However, if the employee is rehired by the same employer within six months, previously accrued sick leave must be reinstated. If a new employer takes over the business, the successor must maintain employees’ accrued sick leave balances. Source: nj.gov/labor/myworkrights/leave-benefits/sick-leave/law.shtml

Is there a waiting period before using paid sick leave in New Jersey?

Employees begin accruing sick leave on their first day of employment but may not use accrued leave until 120 days after the start of employment. After the 120-day waiting period, employees may use leave as it accrues. Source: nj.gov/labor/forms_pdfs/earnedsickleave/whatemployersneedtoknow.pdf

How much does New Jersey paid family leave pay?

New Jersey FLI pays 85% of the employee’s average weekly wage, up to a maximum of $1,119 per week in 2026. The weekly benefit is calculated based on base-year earnings (the first four of the five most recently completed calendar quarters before the leave begins). Source: myleavebenefits.nj.gov/help/faq/fli.shtml

How long is paid family leave in New Jersey?

New Jersey FLI provides up to 12 consecutive weeks of benefits in a 12-month period, or up to 56 individual days (8 weeks) for intermittent leave. The 12-month period begins on the first day of the leave for caregiving claims, and on the child’s birth or placement date for bonding claims. Source: myleavebenefits.nj.gov/worker/fli/

Who pays for New Jersey paid family leave — the employer or the employee?

FLI is funded 100% by employee payroll deductions. Employers do not contribute to FLI. In 2026, employees contribute 0.23% of covered wages up to $171,100, with a maximum annual contribution of $393.53. TDI is funded by both employee contributions (0.19% of covered wages up to $171,100 in 2026, maximum $325.09) and employer contributions (variable rate on first $44,800 per employee). Source: nj.gov/labor/myleavebenefits/employer/

Can New Jersey paid family leave and FMLA be taken at the same time?

FLI benefits and FMLA leave generally run concurrently when the qualifying reason qualifies under both programs (e.g., bonding with a new child). For birthing parents, the TDI disability period runs concurrently with FMLA for pregnancy/recovery, and then FLI bonding may begin. Employees may take NJFLA job-protected leave concurrently with FLI. Source: myleavebenefits.nj.gov/worker/resources/Bonding_expansion_2.shtml

Is the job protected during New Jersey paid family leave?

FLI and TDI alone do not provide job protection — they are wage replacement programs. Job protection is provided separately by FMLA (at employers with 50+ employees) and NJFLA (at employers with 30+ employees through July 16, 2026; 15+ from July 17, 2026). Beginning July 17, 2026, A3451 extends job restoration rights specifically to employees receiving TDI or FLI benefits at covered NJFLA employers. Source: nj.gov/governor/news/news/562026/approved/20260117c.shtml

What is the New Jersey FLI contribution rate for 2026?

The 2026 FLI employee contribution rate is 0.23% of covered wages up to the taxable wage base of $171,100, resulting in a maximum annual employee contribution of $393.53. The rate decreased from 0.33% in 2025. Source: nj.gov/labor/lwdhome/press/2025/20251229_newbenefitrates2026.shtml

How to apply for New Jersey paid family leave?

FLI claims are filed online at myleavebenefits.nj.gov, by mail (Form FL-1 to P.O. Box 387, Trenton, NJ 08625-0387), or by fax (609-984-4138). Claims must be filed within 30 days of the first day of leave. For continuous bonding leave, 30 days’ advance notice to the employer is required. Source: myleavebenefits.nj.gov/worker/fli/

Can New Jersey paid family leave be taken intermittently?

Yes. FLI may be taken as up to 56 individual days (8 weeks) in a 12-month period when taken intermittently, rather than in one continuous 12-week block. Intermittent FLI requires 15 days’ advance notice to the employer before each separate period of leave. Source: myleavebenefits.nj.gov/help/faq/fli.shtml

What is New Jersey’s pregnancy disability leave program?

New Jersey Temporary Disability Insurance (TDI) provides partial wage replacement for pregnancy-related disability. Benefits are generally payable up to 4 weeks before the expected delivery date and for 6 weeks (vaginal delivery) or 8 weeks (Cesarean delivery) postpartum, at 85% of average weekly wages up to $1,119/week in 2026. A healthcare provider must certify the disability. After the TDI disability period ends, eligible workers may transition to FLI bonding benefits. Source: myleavebenefits.nj.gov/worker/maternity/

How long is maternity leave for fathers in New Jersey?

Non-birthing parents, including fathers and same-sex partners, are eligible for up to 12 consecutive weeks or 56 intermittent days of paid FLI bonding leave, at 85% of average weekly wages up to $1,119/week in 2026. Job protection during that bonding leave is available under FMLA (50+ employee employers) and NJFLA (30+ employees currently; 15+ from July 17, 2026). Source: myleavebenefits.nj.gov/worker/fli/

Sources & Verification Log

Source Documentation — New Jersey Paid Leave Laws
Section Source URL Date Verified
Paid Sick Leave NJ Dept. of Labor and Workforce Development nj.gov/labor/myworkrights/leave-benefits/sick-leave/ March 2026
Paid Sick Leave — Employer Guide NJDOL Wage and Hour Division nj.gov/labor/forms_pdfs/earnedsickleave/whatemployersneedtoknow.pdf March 2026
Paid Sick Leave — Statute N.J.S.A. 34:11D-1 et seq. nj.gov/labor/myworkrights/leave-benefits/sick-leave/law.shtml March 2026
FLI — Worker Portal NJDOL Division of TDI/FLI myleavebenefits.nj.gov/worker/fli/ March 2026
FLI — FAQ NJDOL Division of TDI/FLI myleavebenefits.nj.gov/help/faq/fli.shtml March 2026
TDI — Employer Information NJDOL Division of TDI/FLI nj.gov/labor/myleavebenefits/employer/ March 2026
TDI/FLI 2026 Benefit Rates NJDOL Press Release nj.gov/labor/lwdhome/press/2025/20251229_newbenefitrates2026.shtml March 2026
Maternity Coverage NJDOL Division of TDI/FLI nj.gov/labor/myleavebenefits/worker/maternity/ March 2026
NJFLA — Fact Sheet NJ Division on Civil Rights nj.gov/oag/dcr/downloads/fact-FLA.pdf March 2026
NJFLA Expansion (A3451) Office of the Governor nj.gov/governor/news/news/562026/approved/20260117c.shtml March 2026
Employer Requirements Business.NJ.gov business.nj.gov/pages/employer-requirements March 2026
Wage Complaint Filing NJDOL Wage and Hour nj.gov/labor/wageandhour/claims-appeals-investigations/file/ March 2026
FMLA U.S. Department of Labor dol.gov/agencies/whd/fmla March 2026
FMLA Complaints U.S. DOL WHD dol.gov/agencies/whd/contact/complaints March 2026

Others

California
Florida
Colorado
Massachusetts
Washington
New York
Texas
Oregon

This page compiles information from official government sources for general reference purposes. It does not constitute legal advice. Employment law is subject to legislative changes and judicial interpretation. For specific compliance questions, consultation with a licensed attorney in New Jersey is recommended. Last updated: March 2026.