Key Takeaways

  • Maternity leave in NJ combines Temporary Disability Insurance (TDI) for pregnancy recovery and Family Leave Insurance (FLI) for bonding, offering up to 18–24 weeks of partially paid leave.
  • Eligibility generally requires recent earnings of at least $8,400 or 20 weeks of work with minimum weekly wages.
  • Benefits are partially wage-replacement (about 85% of weekly wages, up to a state-set maximum, updated annually).
  • Both parents can qualify for bonding leave, even if they share the same employer, though FMLA rules may cap combined leave.
  • NJ law also protects workers from pregnancy discrimination and requires reasonable accommodations for pregnancy-related needs.
  • Federal FMLA and state NJFLA often overlap, allowing parents to stack unpaid and paid leave for longer total time off.
  • Additional programs, such as the Family Building Act and lactation support initiatives, strengthen protections and resources for new parents.

NJ Maternity Leave

NJ maternity leave laws offer both women and men partially paid leave along with job protection. The amount and length of maternity leave in NJ can be very different depending on the situation.

New Jersey is one of three states in the US that guarantees women a partially paid maternity leave under the state's Family Leave Insurance program, provided under the NJ Temporary Disability Benefits Law. The laws provide partial paid leave up to 18 weeks though in fewer cases, job protection could continue for a maximum of 24 weeks. New Jersey also offers paid family and medical leave for six to eight weeks depending on if the baby is delivered naturally or by cesarean section

NJ paid maternity leave laws also give parents several ways to supplement their income. The benefit amounts are based on income and the employees' needs before conceiving.

Eligibility Requirements for NJ Maternity Leave

To qualify for maternity leave in NJ, employees must meet specific earnings and work history requirements. Generally, an employee must have earned at least $8,400 in the previous year or worked 20 weeks with at least $168 in wages per week. These thresholds apply to both Temporary Disability Insurance (TDI) for pregnancy recovery and Family Leave Insurance (FLI) for baby bonding.

Employees working part-time may still qualify if they meet the minimum earnings test. Importantly, eligibility does not depend on employer size—unlike federal FMLA, NJ’s paid leave programs cover nearly all employees in the state.

Maternity Leave Assistance

New Jersey has two paid leave programs for mothers and fathers, State Temporary Disability and Paid Family Leave, which can result in huge gaps in income. For this reason employees may request maternity leave loans or Maternity Leave Assistance which includes the following:

  • Replacement of 2/3 income (equal to a pay cut of 1/3)
  • weekly maximum - $677 in 2017
  • A parent whose wages are at or more than $52,800/ year gets the maximum
  • Benefits expire 6 weeks after mother recovers from giving birth.

If the person is unsure whether coming back to work, he/she should not borrow money through this program.

State Temporary Disability 

The main NJ paid maternity leave law is state temporary disability. Temporary disability benefits related to pregnancy are considered a short-term disability in New Jersey. A short-term disability policy covers health conditions that provide partial wage replacement in case an employee cannot work due to illness or medical issues. Pregnancy is used for short-term disability insurance benefits to help bridge unpaid periods following birth and for recovery and parental leave. To qualify for paid maternity leave, medical proof showing a woman is unable to work due to pregnancy or medical problems is needed.

In a healthy pregnancy, four weeks before delivery, and six weeks after birth (or 8 weeks if a cesarean birth) is when the period of eligibility for disability payments usually begins. The benefit amounts equal two-thirds of the person's gross income (which increases each year). If someone is continuously disabled and has a doctor's note, leave benefits can last up to six months.

If a person is not able to work due to medical complications related to pregnancy or childbirth, or if she has another disability and is physically unable to work, she could get an extension of benefits to cover a portion of her lost wages. A doctor may certify that a person is still disabled if she has specific complications related to pregnancy.

Temporary disability benefits are funded by employer contributions and wage withholding from employee paychecks and give the employee the right to be paid for any time he/ she takes off. Note that NJ's temporary disability program doesn't require an employer to grant time off nor to give back your job when you are ready to return to work.

No claims for temporary disability benefits should be filed before receiving a doctor's note stating the employee is unable to work or before the employee stops working. If an employee files a claim before becoming disabled or stops working, the state may deny the claim.

Paid Family Leave

The second maternity leave law in New Jersey is Paid Family Leave which was introduced in 2009 to amend the state's temporary disability law.  It covers the mother for six or eight weeks of paid leave to care for herself and her baby following childbirth.  The paid family leave program also gives a partial income replacement for both the mother and father to allow time for bonding with the baby during leave. Since family leave and temporary disability leave are not the same and are separate, a woman may qualify for both FLI and TDI .

A small amount of all NJ employee's paychecks is withheld from those making over a certain amount to pay for FLI benefits, which means these benefits are considered to be fully employee-funded. A person must have in the previous year, been paid at least $8,400 or worked for 20 weeks (the minimum earned must be $168 during those weeks) to qualify for the paid family leave. Employees are eligible to receive up to two-thirds of their average weekly wage for a maximum of $595. The New Jersey Paid Family Leave Act covers all employees regardless of company size.

Alternatively, if the person's employer pays for the maternity leave, she will not also be able to receive FLI benefits at the same time. The woman may, however, receive FLI benefits concurrently with any private short-term disability payments she receives. If other federal benefits are received (e.g., worker's compensation or unemployment compensation), she will usually be ineligible for FLI benefits as well.

Family leave benefits must be taken before the baby turns one and in sets of 7 sequential days (unless the employer agrees to another arrangement). Also, an employee must give his/ her employer at least 30 days' notice that he/ she will be taking FLI leave. If notification isn't provided, he/ she may lose benefits for 14 days.

The employee may be required to use no more than 2 weeks of PTO (such as vacation) or sick leave at full pay at the same time during the FLI time of leave. There is a 7-calendar day waiting period before an employee can start to receive FLI benefits. If the employer requires that the employee use his/ her full paid time off to count towards his/ her FLI leave, he/ she can apply that paid-time off towards the waiting period.

An employee is permitted to try to take out a private short-term disability insurance policy if they do not qualify for family leave insurance or if the employer does not offer a paid leave policy or short-term disability benefits to employees.

The paid family leave law specifically stipulates that when a mother returns to work, her employer is only required to hold a job for her. 

Duration and Structure of Leave

New Jersey’s maternity leave benefits can be combined for an extended period of time off. Typically:

  • TDI (Pregnancy Recovery): Up to 4 weeks before delivery and 6 weeks after birth (8 weeks for cesarean).
  • FLI (Bonding): Up to 12 consecutive weeks or 56 intermittent days during the first year after birth or adoption.

When combined, a parent may receive as much as 18 weeks of partially paid leave, and in special cases involving medical complications, the period can extend to 24 weeks.

Compensation Under Paid Family Leave and State Temporary Disability 

Family leave and temporary disability benefits are calculated in the same way and benefits are based on the average of the employees' weekly pay for the previous eight weeks.

A mother is entitled to approximately 2/3 of this average weekly pay (up to a maximum of $677 per week as of 2017). The amount is approximate because state taxes aren't withheld from benefit payments like on a normal paycheck.

The schedule of maximum payments is updated periodically, so the person should check with the NJ Department of Labor for the latest information. 

Current Benefit Rates and Maximums

As of 2025, the benefit amount is generally 85% of an employee’s average weekly wage, up to a state-set maximum that adjusts annually. For example, the maximum weekly benefit in recent years has exceeded $1,000 per week. These payments are funded through payroll deductions and are not subject to federal income tax, though they may impact state taxes.

Unemployment Compensation

New Jersey maternity laws don't let an employee collect unemployment while recuperating from the birth of their child. Various states have updated their definitions based on certain events, such as a prevailing family issue. In NJ however, if a person quits their job because of his/her disability, or to take on the role of primary caregiver for an ill relative, he/she may be ineligible to collect unemployment.

Under New Jersey state and federal law, losing coverage of your health insurance as a result of reduced working hours is a life event that qualifies an individual for this type of compensation. An employee can enroll during a certain enrollment period and may be qualified for income-based assistance to help cover the cost of insurance premiums.

If an employee meets FMLA and NJFLA criteria, employers must continue benefits for 12 weeks on the same terms as an active employee.

Maternity Leave of Absence Laws in New Jersey

NJ state maternity leave of absence laws provide job protection varying in eligibility and length requirements. If eligible, an employee can get job protection up to 24 weeks. The most prevailing circumstances are pregnancy complications and delivering an ill baby. In these circumstances, a woman must know the difference between the two laws providing job-protection. To cover all the bases, one law focuses on protecting the job of the mother while she's pregnant and unable to work or has just given birth while the second one protects her job during the time she cares for her infant. 

Federal Family Medical Leave Act (FMLA)

The Federal Family Medical Leave Act (FMLA) gives mothers and fathers the right to take time off to bond with a new child, whether biological, adopted, or foster.

The Federal Family Medical Leave Act is a 12-week leave law that runs concurrently with the state's leave, but it is unpaid. In addition, the federal FMLA only is applicable to employers with 50 plus employees. Under the federal FMLA, eligible employees must have worked at least 1,250 hours in the past 12 months, and the FMLA allows employees to take their leave intermittently if medically necessary.

New Jersey maternity leave laws and the federal FMLA are especially beneficial together if a mother experiences complications during her pregnancy because the federal law provides job-protected leave of absences during an employee's disability, or when caring for an ill relative and the state maternity leave law can be applied at the same time. 

New Jersey Family Leave Act (NJFLA)

The NJ Family Leave Act provides job-protected maternity leave of absence to care for an ill relative or job-protected baby-bonding time. What appears to be a limitation, is actually a benefit because it allows a person to have two 12-week periods of leave back to back. The run of a 12-week leave can happen in scenarios when a pregnant woman cannot work or is disabled (FMLA), and then also takes bonding time with baby (NJFMLA).

A person is eligible for NJFLA if he/she has worked at a company for at least 12 months and clocked a minimum of 1,000 hours.  The state family leave can be used for prenatal care, including routine check-ups and doctor visits. Note that employees may take 12 weeks off every two years, instead of each year as the Federal maternity leave act allows. The New Jersey law is the same for paternity leave where a father can stay home to care for his wife or spend time with his newborn. 

The New Jersey family leave act is applicable to employers with more than 50 employees anywhere worldwide and gives 12 weeks of unpaid leave during any 24-month period. The family leave act doesn't apply to an employee's disability.

Female teachers can sequentially utilize two sets of maternity leave between the two laws (not applicable to male teachers). Teachers are covered by FMLA, no matter the employee amount in the school. The NJ law only applies to teachers employed by schools with more than 49 employees.

The Federal FMLA and the NJ State Family Leave Act both cover state employees. 

Interplay Between FMLA and NJFLA

While FMLA and NJFLA often overlap, they also offer unique advantages when combined. For example:

  • FMLA (12 weeks, unpaid): Protects your job for pregnancy-related disability and recovery.
  • NJFLA (12 weeks, unpaid): Protects your job for bonding or caring for a family member.

This means an employee could take FMLA leave during pregnancy and recovery, then use NJFLA leave for bonding—effectively extending job protection beyond the federal 12-week limit.

Family Building Act

NJ maternity leave laws have a benefit that is often overlooked. It is called the NJ Family Building Act which provides coverage for couples who want to build their family. Without the Family Building Act, many new parents would accrue significant debt before facing extended maternity leaves with uncertain job security and partial pay. This act requires coverage for infertility treatments.

What is the New Jersey Law Against Discrimination?

The New Jersey Law Against Discrimination is applicable to all public and private employers and bans discrimination due to pregnancy or conditions related to pregnancy. This law prohibits employers from showing preferential treatment for employees with similar work abilities who are not pregnant. In addition, the law requires reasonable accommodations to be provided, such as assistance with manual labor and bathroom breaks, to women who are pregnant or nursing.

Workplace Accommodations for Pregnant Employees

Under NJ’s Law Against Discrimination, employers must provide reasonable accommodations for pregnancy, childbirth, or related conditions. Examples include:

  • Extra restroom or water breaks
  • Modifications to lifting requirements
  • Flexible scheduling for prenatal or postnatal care
  • Access to a private space for lactation

These protections apply regardless of employer size and work in tandem with federal protections under the Pregnancy Discrimination Act.

Parents Who Work for the Same Employer

If an employee is married to someone who works for the same company, the employer can limit the total FMLA leave for parenting to 12 weeks for both parents. However, any portion of the employee's own 12 weeks of FMLA leave not used for parenting will still be available if needed.

Additional Resources for New Parents

New Jersey has expanded resources beyond leave benefits. Programs include:

  • Family Building Act: Requires coverage for infertility treatments, ensuring parents can access fertility care before maternity leave begins.
  • Lactation Support Programs: State-backed initiatives encourage workplaces to provide lactation rooms and allow time for nursing parents to express milk during the workday.
  • Insurance Continuation: If maternity leave reduces work hours and impacts health insurance eligibility, employees may qualify for special enrollment to maintain coverage.

Frequently Asked Questions

1. How long is maternity leave in NJ?

Most parents can combine Temporary Disability and Family Leave Insurance for up to 18 weeks of partially paid leave, with extensions possible in cases of complications.

2. How much will I get paid during maternity leave in NJ?

You may receive about 85% of your average weekly wage, up to the state’s maximum benefit, which is updated annually.

3. Can both parents take paid leave in NJ?

Yes. Both parents may qualify for Family Leave Insurance, even if they work for the same employer, though federal FMLA may limit combined leave.

4. Do NJ maternity leave benefits apply to small employers?

Yes. Unlike FMLA, which only covers employers with 50+ workers, NJ’s TDI and FLI programs cover nearly all employees in the state.

5. Are maternity leave benefits taxed?

FLI and TDI benefits are not subject to federal income tax, but they may count as taxable income for New Jersey state tax purposes.

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