Key Takeaways

  • Maternity leave in NJ combines job protection through federal and state laws with partially paid benefits under state programs.
  • The New Jersey Family Leave Act (NJFLA) and Family Medical Leave Act (FMLA) offer up to 12 weeks of unpaid, job-protected leave.
  • Temporary Disability Insurance (TDI) covers pregnancy-related medical leave before and after birth.
  • Family Leave Insurance (FLI) provides up to 12 weeks of partial pay for bonding with a newborn or newly adopted child.
  • Health benefits must generally continue during covered leave periods.
  • Additional resources like breastfeeding support programs and lactation accommodations are available in NJ.

Maternity Leave in NJ

Maternity leave in NJ provides women and men with job protection and a partial paid leave. The maternity leave law requires employers to allow an employee up to 12 weeks of unpaid time off. The 12-week period is allowed every 24 months. While on leave, the employee's job is protected.

Understanding Temporary Disability Insurance (TDI) for Pregnancy

In New Jersey, Temporary Disability Insurance (TDI) provides partial wage replacement when you are unable to work due to pregnancy or childbirth. TDI typically covers:

  • Up to four weeks before the expected delivery date.
  • Up to six weeks after a vaginal delivery or eight weeks after a cesarean section.
  • Additional time if medically certified for pregnancy-related complications.

To qualify, you must have paid into the TDI program through payroll deductions and meet certain income thresholds. Claims can be submitted online through the NJ Department of Labor's MyLeaveBenefits portal. It is recommended to apply after stopping work but no later than 30 days after the disability begins.

What Are the Eligibility Requirements for Maternity Leave in NJ?

An employee requesting to use the New Jersey Family Leave Act (NJFLA) is eligible if he or she has been employed by the company for a least 12 months. During that time, the employee must have worked a minimum of 1,000 hours. Eligibility for NJFLA is available with companies or private employers who have 50 or more employees on staff globally.

Benefits paid to employees are determined by their income. If an employee earns one of the highest salaries at the company, the employer may deny NJFLA.

In New Jersey, female employees are guaranteed a partially paid maternity leave. This guarantee falls under the Family Leave Insurance Program that is part of the New Jersey Temporary Disability Benefits Law. Fathers are also covered with paternity leave, which they can use as a caregiver or to spend time with the newborn. Parents who choose to use their leave time in small increments may do so, and the employer must allow it.

Employees working for the state are covered by both the Family Medical Leave Act (FMLA) and the NJ State Family Leave Act (NJFLA). Both men and women are eligible under the two laws. FMLA leave time runs concurrently with NJFLA and is unpaid.

How Family Leave Insurance (FLI) Works for Bonding Time

Family Leave Insurance (FLI) provides partially paid leave for bonding with a newborn, newly adopted, or newly placed foster child.Key features include:

  • Up to 12 weeks of continuous leave or 56 days if taken intermittently within the first 12 months of the child’s birth or placement.
  • Funded through employee payroll contributions.
  • Eligibility requires a minimum earnings threshold during a base year period, which the NJ Department of Labor updates annually.

Employees must notify their employer at least 30 days in advance for foreseeable bonding leave. FLI benefits can be combined with TDI for pregnancy recovery followed by bonding time.

What Is the Family Medical Leave Act?

The Family Medical Leave Act (FMLA) is a federal law that provides employees with a 12-week leave and only applies when 50 or more employees work for an employer.

To be eligible for FMLA, an employee must have accrued at least 1,250 hours in the previous 12-month period. Employees may use their FMLA time intermittently if the leave is deemed medically necessary.

For married couples working for the same employer and requesting FMLA, the total leave can be limited to 12 weeks for each parent. If either of the employees does not use all the allotted 12-week leave, the remainder is still available for an employee to use for their own health issues.

Interaction Between FMLA, NJFLA, TDI, and FLI

The different programs available for maternity leave in NJ can sometimes overlap or be used consecutively. Understanding how they interact helps maximize your benefits:

  • FMLA: Provides unpaid, job-protected leave for medical conditions, including pregnancy, and may run concurrently with TDI.
  • TDI: Covers the period when you are medically unable to work due to pregnancy and recovery.
  • NJFLA: Cannot be used for your own medical condition but allows job-protected time for bonding, running either concurrently with or after TDI ends.
  • FLI: Provides partial pay for bonding and can overlap with NJFLA if used for the same bonding period.

Employers may require you to use accrued paid time off during unpaid FMLA or NJFLA leave.

What Is the New Jersey Law Against Discrimination?

Amended in 2014, the New Jersey Law Against Discrimination is applicable to all public and private employers. The law prohibits an employer from discriminating against women who are pregnant, have undergone childbirth, or experienced other related conditions.

Employers must treat pregnant women the same as women who are not pregnant. The law also requires employers to provide reasonable assistance and accommodations. This may include offering additional bathroom breaks or help with a job that involves manual labor.

Lactation Rights and Breastfeeding Accommodations in NJ

New Jersey law requires employers to provide reasonable accommodations for breastfeeding employees. This includes:

  • Break time to express breast milk.
  • A private, non-bathroom space close to the work area for pumping.

These rights are enforced under the New Jersey Law Against Discrimination, with additional guidance provided by the New Jersey Department of Health and resources like the New Jersey Breastfeeding Coalition. These programs aim to support lactation success during the postpartum period.

What Is Unemployment Compensation for Maternity Leave?

In New Jersey, the maternity leave laws do not allow employees to collect unemployment benefits while on leave.

Does Health Insurance Continue While on Maternity Leave?

While an employee is on leave, the employer is required to keep the employee's health benefits current as though they were actively doing their job in the workplace. This is applicable as long as the employee meets the eligibility and criteria requirements of the New Jersey Family Leave Act and the Family Medical Leave Act.

Applying for Benefits: Steps and Required Documentation

To apply for TDI or FLI in New Jersey, follow these steps:

  1. Confirm Eligibility: Check earnings requirements and contribution status.
  2. Gather Documentation:
    • Medical certification for TDI (pregnancy-related disability).
    • Proof of birth or adoption for FLI bonding leave.
  3. Apply Online: Use the MyLeaveBenefits portal (myleavebenefits.nj.gov) or submit paper applications.
  4. Meet Deadlines:
    • Apply within 30 days of stopping work for TDI.
    • Apply after the baby’s birth for FLI bonding benefits.

Missing these deadlines may result in delayed or denied benefits.

What Is Family Leave Insurance?

In New Jersey, most employees are eligible for Family Leave Insurance (FLI). The insurance provides partial pay for up to six weeks for the employee to be at home with the newborn or a newly adopted child.

Family Leave Insurance is funded by New Jersey employees who make over a certain amount from their employer. Each paycheck for all New Jersey employees has a small deduction withheld. The funds withheld are used to pay for Family Insurance Benefits.

Employees also may opt to apply for a short-term disability policy from an insurance company. This would be separate from FLI or other funding. In some cases, an insurance company may pay out up to 60 percent of an employee's income for six to eight weeks.

Application forms for New Jersey State maternity leave are available on the Department of Labor website.

Frequently Asked Questions

  1. Can I receive both TDI and FLI benefits back-to-back in NJ?
    Yes. You can use TDI for pregnancy-related disability leave and then apply for FLI for bonding time after the birth or adoption.
  2. How much does Family Leave Insurance pay in NJ?
    FLI benefits provide 85% of your average weekly wage, up to a maximum set by the state, which is adjusted annually.
  3. Do fathers or non-birthing parents qualify for paid bonding leave?
    Yes. Fathers and non-birthing parents may be eligible for FLI bonding leave if they meet the same earnings and contribution requirements.
  4. Is my job protected while I am out on TDI or FLI?
    TDI itself does not provide job protection, but job protection is available through FMLA or NJFLA if you qualify.
  5. What should I do if my employer denies my maternity leave request?
    You may file a complaint with the New Jersey Division on Civil Rights if your employer violates leave laws or discrimination protections. You can also consult an attorney for legal advice—UpCounsel connects you with top-rated lawyers who can assist.

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