New Jersey Temporary Disability Benefits (TDB) and Family Leave Insurance (FLI) | Guardian (2024)

The New Jersey Temporary Disability Benefits (TDB) law, enacted in 1948 and later amended in 2008 to include Family Leave Insurance (FLI), allows for NJ covered workers to take paid time off for their own non-occupational related injury or illness (under TDB) orto care for a family member with a serious health condition or bond with a new child (under FLI).

New Jersey Temporary Disability Benefits (TDB) and Family Leave Insurance (FLI) | Guardian (1)

Most New Jersey employers subject to the provisions of the Federal Unemployment Tax Act (FUTA) are also subject to NJ TDB law and are required to provide coverages for their employees working in NJ.There are some employment classes considered exempt from Unemployment Compensation Coverage and likewisebe exempt from the coverage requirements under NJ TDB law.Please refer to the NJ DOL Employer Handbook on the state website for more details onExempt Employment.

To be eligible for TDB or FLI, a worker must have paid into the program through their employer and meet the minimum gross earnings requirements.

In 2024, a worker must have worked 20 weeks earning at least $283 weekly, or have earned a combined total of $14,200 in what is called a "base year".

In 2023, a worker must have worked 20 weeks earning at least $260 weekly, or have earned a combined total of $13,000 in what is called a “base year.”

The base year is defined as the first four of the last five completed calendar quarters prior to the start of a claim. The wages earned during the base year will determine the weekly benefits that a worker is eligible to receive. For example: If an employee filed a claim on July 1, 2023, their base year is April 1, 2022– March 31, 2023.

For quick reference, use the chart below to help you understand the base year period that will be used to calculate the weekly benefit based on when the claim began:

Claim began:

Base Year - Earnings from this period will be used to determine benefit

January 2024
February 2024
March 2024

October 1, 2022 to September 30, 2023

April 2024
May 2024
June 2024

January 1, 2023 to December 31, 2023

July 2024
August 2024
September 2024

April 1, 2023 to March 31, 2024

October 2024
November 2024
December 2024

July 1, 2023 to June 30, 2024

NJ Temporary Disability Benefits (TDB) provides partial wage replacement to eligible employees who suffer from their own non-work-related injury, illness, or other disability, including pregnancy. TDB benefits are available to most New Jersey workers with the exception of federal government employees, out of state employees and select exempt employment classes.

Benefit provisions for 2024:

  • Weekly Benefit -

    • 85% of employee’s average weekly wage up to a maximum of $1,055 per week.

  • Benefit Duration - The lesser of 26 weeks times the weekly benefit or one-third of the total wages paid to the claimant during the base year.

  • Waiting Period - None for Organ or Bone Marrow Donation, benefits begin on 1st day of leave. Seven (7) calendar days for Accident or Illness, benefitsbeginon the 8th day. However, if disability extends beyond three consecutive weeks, employee is paid for those initial seven days.

  • Maximum Employee Contribution Rate - 0.00% of the employee’s covered wages during the calendar year, up to the annual maximum of $0.00.

  • Taxable Wage Base Maximum for Employee Contributions - $161,400

  • Taxable Wage Base Maximum for Employer Contributions - $42,300

FLI provides eligible workers with paid time off to bond with a newborn, a newly adopted child, a recently placed foster child, or to care for a family member with a serious health condition who is unable to care for themselves. Workers can collect Family Leave Insurance benefits for a maximum of twelveweeks (56days) in a 12-month period. The same covered employer and employee eligibility requirements for NJ TDB benefits applyto NJ FLI benefits.

Benefit provisions for 2024:

Under NJ TDB law, covered employers have the option to choose how to provide both the NJ TDB andNJ FLIstate mandated coverages to their employees. An employer can choose to provideone or both coverages through the state administered plan,or can choose to provide the coverage (s) through a private plan instead.

The private plan may be self-insured (meaning the plan is funded by the employer itself), or fully insured (meaning the plan is provided through a licensed and approved insurance company or through a union welfare fund). All private plans must be approved by the NJ State Division of Temporary Disability Insurance, Private Plan Operations. Private plans must offer at least the same benefit provisions as the state plan. Benefit provisions are dictated by the state and are subject to change annually.

Guardian is currently licensed and approved to provide a fully insured Temporary Disability Benefits (TDB) coverage in New Jersey.We do not offerFamily Leave Insurance (FLI) coverage at this time.

For more details, visit the state of New Jersey’s Division of Temporary Disability and Family Leave Insurance website.

  • Educate yourself and your administrative teams

  • on the laws concerning paid family leave and temporary disability benefit changes and employer requirements.

  • Consult with your payroll department and/or payroll vendor

    to confirm it is prepared to update the payroll system to properly administer the appropriate payroll deductions for both TDB and FLI as dictated by the State for each calendar year. As the employer, you are responsible to ensure the correct employee deductions are applied, per the state guidance.

  • Update your current company leave policies/employee handbooks

    to reflect the updated NJ state mandated benefit provisions.

  • Advise your employees

    of the updated benefit provisions and inform them of their updated payroll deduction rate for these benefits.

Most New Jersey employers subject to the provisions of the Federal Unemployment Tax Act (FUTA) are also subject to NJ TDB law and are required to provide coverages for their employees working in NJ.There are some employment classes considered exempt from Unemployment Compensation Coverage and likewisebe exempt from the coverage requirements under NJ TDB law.Please refer to the NJ DOL Employer Handbook on the state website for more details onExempt Employment.

To be eligible for TDB or FLI, a worker must have paid into the program through their employer and meet the minimum gross earnings requirements.

In 2024, a worker must have worked 20 weeks earning at least $283 weekly, or have earned a combined total of $14,200 in what is called a "base year".

In 2023, a worker must have worked 20 weeks earning at least $260 weekly, or have earned a combined total of $13,000 in what is called a “base year.”

The base year is defined as the first four of the last five completed calendar quarters prior to the start of a claim. The wages earned during the base year will determine the weekly benefits that a worker is eligible to receive. For example: If an employee filed a claim on July 1, 2023, their base year is April 1, 2022– March 31, 2023.

For quick reference, use the chart below to help you understand the base year period that will be used to calculate the weekly benefit based on when the claim began:

Claim began:

Base Year - Earnings from this period will be used to determine benefit

January 2024
February 2024
March 2024

October 1, 2022 to September 30, 2023

April 2024
May 2024
June 2024

January 1, 2023 to December 31, 2023

July 2024
August 2024
September 2024

April 1, 2023 to March 31, 2024

October 2024
November 2024
December 2024

July 1, 2023 to June 30, 2024

NJ Temporary Disability Benefits (TDB) provides partial wage replacement to eligible employees who suffer from their own non-work-related injury, illness, or other disability, including pregnancy. TDB benefits are available to most New Jersey workers with the exception of federal government employees, out of state employees and select exempt employment classes.

Benefit provisions for 2024:

  • Weekly Benefit -

    • 85% of employee’s average weekly wage up to a maximum of $1,055 per week.

  • Benefit Duration - The lesser of 26 weeks times the weekly benefit or one-third of the total wages paid to the claimant during the base year.

  • Waiting Period - None for Organ or Bone Marrow Donation, benefits begin on 1st day of leave. Seven (7) calendar days for Accident or Illness, benefitsbeginon the 8th day. However, if disability extends beyond three consecutive weeks, employee is paid for those initial seven days.

  • Maximum Employee Contribution Rate - 0.00% of the employee’s covered wages during the calendar year, up to the annual maximum of $0.00.

  • Taxable Wage Base Maximum for Employee Contributions - $161,400

  • Taxable Wage Base Maximum for Employer Contributions - $42,300

FLI provides eligible workers with paid time off to bond with a newborn, a newly adopted child, a recently placed foster child, or to care for a family member with a serious health condition who is unable to care for themselves. Workers can collect Family Leave Insurance benefits for a maximum of twelveweeks (56days) in a 12-month period. The same covered employer and employee eligibility requirements for NJ TDB benefits applyto NJ FLI benefits.

Benefit provisions for 2024:

  • Weekly Benefit -

    • 85% of employee’s average weekly wage up to a maximum of $1,055 per week.

  • Benefit Duration

    • Twelve (12) weeks or 56 days for intermittent leaves

  • Waiting Period -No waiting period

  • Maximum Employee Contribution Rate - 0.09% of the employee’s covered wages during the calendar year, up to the annual maximum of $145.26

  • Taxable Wage Base Maximum for Employee Contributions - $161,400

  • Taxable Wage Base Maximum for Employer Contributions - $42,300

Under NJ TDB law, covered employers have the option to choose how to provide both the NJ TDB andNJ FLIstate mandated coverages to their employees. An employer can choose to provideone or both coverages through the state administered plan,or can choose to provide the coverage (s) through a private plan instead.

The private plan may be self-insured (meaning the plan is funded by the employer itself), or fully insured (meaning the plan is provided through a licensed and approved insurance company or through a union welfare fund). All private plans must be approved by the NJ State Division of Temporary Disability Insurance, Private Plan Operations. Private plans must offer at least the same benefit provisions as the state plan. Benefit provisions are dictated by the state and are subject to change annually.

Guardian is currently licensed and approved to provide a fully insured Temporary Disability Benefits (TDB) coverage in New Jersey.We do not offerFamily Leave Insurance (FLI) coverage at this time.

For more details, visit the state of New Jersey’s Division of Temporary Disability and Family Leave Insurance website.

  • Educate yourself and your administrative teams

  • on the laws concerning paid family leave and temporary disability benefit changes and employer requirements.

  • Consult with your payroll department and/or payroll vendor

    to confirm it is prepared to update the payroll system to properly administer the appropriate payroll deductions for both TDB and FLI as dictated by the State for each calendar year. As the employer, you are responsible to ensure the correct employee deductions are applied, per the state guidance.

  • Update your current company leave policies/employee handbooks

    to reflect the updated NJ state mandated benefit provisions.

  • Advise your employees

    of the updated benefit provisions and inform them of their updated payroll deduction rate for these benefits.

What is Guardian doing?

Guardian has a private plan option for temporary disability coverage to assist covered employers in meeting their regulatory obligation for their New Jersey covered employees. We do not offer Family Leave Insurance (FLI) coverage at this time.

Our product offering is fully-insured, state-approved and competitively priced. Our digital capabilities can make administration easier – with online claims submission and claims status as well as quarterly and year-end tax reports.

You can count on:

  • Assistance with adjusting Short Term Disability (STD) and Long Term Disability (LTD) plan designs to integrate with a state mandated paid leave plan.

  • A single point-of-contact for disability claims inquiries.

  • Experienced claims management by tenured professionals

  • Updates on new regulations and ongoing guidance to keep you compliant.

Please contact your Guardian Group Sales Consultant or broker for quoting requirements and additional information concerning a NJ TDB private plan option through Guardian.

Why Guardian?

Guardian has provided employers with statutory disability plans for more than a decade, taking a consultative approach to bring resources together for successful PFML plan implementation and management, no matter the level of complexity. Our management of PFML plans helps ensure that any Human Resources team can meet the challenge of efficiently managing employee leaves while easing administrative burden and enhancing compliance.

OurGuardian Absence SolutionsSMcan help reduce the administrative burden and enhance compliance with the integrated management of STD and LTD benefits, state and federal family medical leaves, and company leaves. Available to companies with 50 or more employees, employerscan choose from a variety of plans and service options, including ADA support. Effective employee leave management is key to ensuring your business remains compliant with state laws, helping to avoid of costly fines.

To learn more about Guardian leave management services reach out to your Guardian Group Sales Consultant or broker.

All terms of coverage, including benefits, eligibility, coverage limitations and exclusions under Guardian’s New Jersey Temporary Disability benefits (TDB) plan will comply with NJ TDB law and regulations. Any optional riders and/or features which may be available may incur additional costs. Plan documents are the final arbiter of coverage. Guardian policy number TDB GP-1-TDB-01.

Links to external sites are provided for your convenience in locating related information and services. Guardian, its subsidiaries, agents, and employees expressly disclaim any responsibility for an do not maintain, control, recommend, or endorse third-party sites, organizations, products, or services and make no representation as to the completeness, suitability, or quality thereof. Guardian, its subsidiaries, agents, and employees do not provide tax, legal, or accounting advice. Consult your tax, legal, or accounting professional regarding your individual situation.

All terms of coverage, including benefits, eligibility, coverage limitations and exclusions under Guardian’s New Jersey Temporary Disability benefits (TDB) plan will comply with NJ TDB law and regulations. Any optional riders and/or features which may be available may incur additional costs. Plan documents are the final arbiter of coverage. Guardian policy number TDB GP-1-TDB-01.

Links to external sites are provided for your convenience in locating related information and services. Guardian, its subsidiaries, agents, and employees expressly disclaim any responsibility for an do not maintain, control, recommend, or endorse third-party sites, organizations, products, or services and make no representation as to the completeness, suitability, or quality thereof. Guardian, its subsidiaries, agents, and employees do not provide tax, legal, or accounting advice. Consult your tax, legal, or accounting professional regarding your individual situation.

New Jersey Temporary Disability Benefits (TDB) and Family Leave Insurance (FLI) | Guardian (2024)

FAQs

Who qualifies for NJ FLI? ›

You may apply for Family Leave Insurance benefits if you are bonding with a newborn, newly adopted, or newly placed foster child. You may also apply if you are caring for a loved one with a serious physical or mental health condition, or to handle certain matters related to domestic or sexual violence.

What relationships are covered by FLI in NJ? ›

Family Leave Insurance provides New Jersey workers cash benefits for up to twelve weeks to bond with a newborn or newly placed adoptive, or foster child, to provide care for a seriously ill or injured loved one, or to handle matters related to domestic and/or sexual violence.

Who pays NJ FLI tax? ›

New Jersey workers contribute to the cost of Temporary Disability and Family Leave Insurance through a salary deduction, noted on their paystubs. Workers continue to contribute this deduction until their gross earnings reach a specific amount in a year, known as the wage cap.

What is the NJ TDB benefit? ›

NJ Temporary Disability Benefits (TDB) provides partial wage replacement to eligible employees who suffer from their own non-work-related injury, illness, or other disability, including pregnancy.

Can you take both FMLA and NJFLA? ›

If you are pregnant or just had a baby, you can take up to 12 weeksfor pregnancy and recovery from childbirth under the FMLA, and you can then take an additional 12 weeks of NJFLA leave to bond with or care for your baby after your doctor certifies you are fit to return to work or you have exhausted your FMLA leave ( ...

What are the qualifying reasons for Njfla? ›

(For purposes of the NJFLA, a “qualifying reason” means either the serious health condition of a specific family member, the birth or placement of a child with the employee for adoption or foster care, or the provision of care to a family member made necessary by an epidemic of a communicable disease, a known or ...

What is the difference between FMLA and FLI in NJ? ›

The FMLA provides you with more family leave than the NJFLA; under the FMLA, you may take 12 weeks of eligible leave within a period of 12 months, while under the NJFLA, you may only take 12 weeks of eligible leave every 24 months.

What are the rules for family leave in NJ? ›

Each eligible employee may take up to 12 weeks of continuous leave during a given 24-month period. When caring for a family member with a serious health condition, an employee may take leave that is not continuous, for example, an intermittent leave or a reduced work schedule.

Can my employer deny my FMLA in NJ? ›

Both the federal Family and Medical Leave Act (FMLA) and New Jersey Family Leave Act make it unlawful for employers to interfere with, restrain, or deny employees' rights to any protections guaranteed under those laws.

How much is NJ temporary disability? ›

Claimants are paid 85% of their average weekly wage, up to the maximum weekly benefit rate set for that calendar year. In 2023, the maximum weekly benefit rate is $1,025 per week. In 2024, the maximum weekly benefit rate is $1,055 per week.

What is the FLI rate in NJ? ›

New Jersey released the 2024 contribution rates for its family-leave and temporary disability insurance programs on the Labor and Workforce Development Department website. The family-leave insurance rate for 2024 will be 0.09%, up from 0.06% in 2023, according to the department.

When did NJ FLI start? ›

In 2009, New Jersey became the second state in the nation to implement a paid family and medical leave program. The Family Leave Insurance (FLI) program became part of the State's Temporary Disability (TDI) infrastructure.

How to qualify for FLI NJ? ›

In order to have a valid claim for New Jersey Family Leave Insurance, you need to have paid into the program through your employment and meet minimum gross earnings requirements. In 2022, you must have earned $240 weekly for 20 weeks total, or have earned a total of $12,000 in the base year.

How long does temporary disability last in NJ? ›

NJ Temporary Disability Insurance provides cash benefits to employees for up to 26 weeks in New Jersey who are unable to work due to a physical or mental health condition or other disability unrelated to their work, including pregnancy/childbirth recovery.

Is there a waiting period for NJ FLI? ›

Benefit Limitations

The seven days after you file a claim is the “waiting week.” You will not receive benefits for this week (or any part of the first week) until benefits have been paid for the three weeks following the waiting week.

Who is eligible for NJ earned sick leave? ›

You're most likely covered

Employers must provide earned sick leave to nearly all employees: No matter how much you work: full-time, part-time, seasonal, or temporary. No matter how you're paid: salaried, hourly, cash, or piece rate.

What conditions automatically qualify you for disability in NJ? ›

The many physical conditions that qualify New Jersey residents for SSDI benefits are broken down into the following categories:
  • Musculoskeletal disorders.
  • Special senses and speech disorders.
  • Respiratory disorders.
  • Cardiovascular system disorders.
  • Digestive system disorders.
  • Genitourinary disorders.
  • Hematological disorders.

What is the difference between Njfla and Njfli? ›

The NJFLA provides eligible employees with job protection while they take leave to care for a family member. The NJFLA does not provide paid cash benefits. The NJFLA is enforced by DCR. New Jersey Family Leave Insurance (NJFLI) provides cash benefits when workers need to care for a loved one or bond with a new child.

What counts as income for NJ FamilyCare? ›

Financial eligibility for individuals seeking eligibility for NJ FamilyCare will be based on their Modified Adjusted Gross Income or MAGI. This means the income and household size will be determined by their latest federal tax return which when filed, can be electronically verified.

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