Temporary Disability Benefits (TDB)
Family Leave Insurance (FLI)
New Jersey
Division of Temporary Disability and Family Leave Insurance
TDB Effective: 1948
FLI Effective: 01/01/09
Last updated: 01/16/24
State website: www.myleavebenefits.nj.gov
New Jersey Temporary Disability Benefits (NJ TDB) Plan Details
Summary:
State or private plan: (insured or self-insured). |
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Mandatory coverage: All public and private employees in New Jersey who are in “employment,” as defined in the unemployment compensation law (R.S:21-1 et seq.). Federal government, faith-based organizations, and workers that are not technically employees, such as independent contractors, are exempt, as well as other miscellaneous excluded employees. |
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Waiting period: 7 days. |
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Benefit duration: 26 weeks, not to exceed the period necessary for benefits to equal one-third of total wages in base year. |
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Maximum benefit: $1,055. |
Coverage details |
Symetra offers an insured NJ TDB plan. |
Covered employers |
All employers with one or more eligible employees working for at least 30 days in a calendar year, who pay $1,000 or more in total annual wages, are eligible. State government (New Jersey county and municipal “local government”) entities may elect to opt in. The State of New Jersey, including Rutgers, the State University and the New Jersey Institute of Technology, are already considered to be covered employers under the law. |
Covered individuals |
Covered individuals must have earned at least $283 per week for 20 weeks during the base year or a combined total of $14,200 to receive benefits. The base period is the first four of the last five completed calendar quarters immediately preceding the period of disability. All New Jersey employees who are subject to the state Unemployment Compensation Laws are generally eligible. |
Contribution amount |
State plan rate:
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Waiting period |
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Benefit calculation |
85% of the covered individual’s average weekly wage. |
Maximum weekly benefit amount |
$1,055 per week. |
Minimum weekly benefit amount |
None. |
Other income amount offsets |
Benefits are reduced by other income amounts as follows:
When:
Note that WC and UI are not payable at same time as NJ TDB (and thus are not an offset). |
Maximum duration |
26 weeks, not to exceed the period necessary for benefits to equal one third of total wages in the base year. |
Frequently Asked Questions
Is coverage continued after termination of employment?
Yes. Insurance coverage may be continued up to two weeks after termination of employment.
What are the qualifying leave reasons?
The qualifying reasons for NJ TDB include all of the following reasons:
Disability resulting from:
- Accident or sickness not arising outside of the course of employment.
- Donation of any organ or bone marrow by the covered individual.
- Pregnancy as certified by a treating physician’s certification for up to 4-6 weeks before the expected date of birth and up to 6-8 weeks after the date of birth normally (8-10 for a Cesarean section) and extended for complications.
- To cope with being a victim of domestic and sexual violence.
- Cosmetic surgery if reconstructive in nature or necessary to correct a disabling condition.
What is the taxable wage base?
The Taxable Wage base for benefits and contributions is $161,400 (107 times the State Average Weekly Wage).
What is the State Average Weekly Wage?
The State Average Weekly Wage is $1,465.42 and is updated annually.
How do we determine the benefit year?
New Jersey refers to this as the period of disability. This equates to 26 weeks.
Does a relapse period apply to recurrent leaves?
Yes. Any successive periods of TDB separated by no more than 14 days from the prior period of disability caused by the same or related condition is deemed one continuous period of disability.
Can leave be taken on an intermittent leave basis?
Yes. Partial disability on a continuous basis can be taken, but this requires the permission of the employer.
- First, total disability and receipt of full benefits for at least 7 consecutive days, is required.
- Then, permitted for 8 weeks. Medical documentation from a qualified health care provider may extend this time period to 12 weeks. However, the provider’s support for the extension must be memorialized in writing.
How are benefits prorated?
NJ TDB will be prorated in accordance with the actual time taken as leave compared to the covered individual’s typical workweek hours. The sum of the wages earned on a reduced work schedule, and the temporary disability benefits received, rounded to the next lower multiple of $1.00, will equal the weekly benefit amount the individual would have been paid if totally unable to perform the duties of employment due to disability.
Is NJ TDB leave job protected?
NJ TDB generally does not provide job protection. However, organ and bone marrow donors are afforded protection and must be restored to an equivalent position with their employer once their disability ends. Otherwise, protection may be afforded under FMLA to care for the individual’s own illness or injury.
How does accrued paid leave apply to use of NJ TDB?
- If the sum of the TDB benefit and wages paid by the employer, including accrued paid leave, exceeds 100% of average weekly wages, TDB benefits are not payable.
- For any period during which the employee receives continued pay as described above in the section titled “Other Income Amount offsets”, the TDI benefit amount will be reduced.
- Employers are not prohibited from requiring employees to use paid time off before claiming their NJ TDB, but employers may not require employees to use their New Jersey earned sick leave.
- State employees: may be required to use up to two weeks of accrued sick time before receiving NJ TDB, but may not be required to use their last week of sick time, before receiving NJ TDB.
New Jersey Family Leave Insurance (NJ FLI) Plan Details
Summary:
State or private plan: (insured or self-insured). |
|
Mandatory coverage: All public and private employees in New Jersey who are in “employment,” as defined in the unemployment compensation law (R.S:21-1 et seq.). Federal government, faith-based organizations, and workers that are not technically employees, such as independent contractors, are exempt, as well as other miscellaneous excluded employees. |
|
Waiting period: 7 days. |
|
Benefit duration: 26 weeks, not to exceed the period necessary for benefits to equal one-third of total wages in base year. |
|
Maximum benefit: $1,055. |
Coverage details |
Symetra does not currently offer an insured NJ FLI plan or ASO services for an employer’s self-insured plan. |
Covered employers |
All employers with one or more eligible employees working for at least 30 days in a calendar year, who pay $1000 or more in total annual wages, are eligible. New Jersey county and municipal and state entities may elect to opt in. The state of New Jeresey, including Rutgers, the State University and the New Jersey Institute of Technology are already considered to be covered employers under the law. |
Covered individuals |
Covered individuals must have earned at least $283 per week for 20 weeks during the base year or a combined total of $14,200 to receive benefits. The base period is the first four of the last five completed calendar quarters immediately preceding when the employee files a claim. All New Jersey employees that are subject to the state Unemployment Compensation Laws are generally eligible. |
Contribution amount |
State plan rate:
|
Waiting period |
None. |
Benefit calculation |
85% of the covered individual’s average weekly wage. |
Maximum weekly benefit amount |
$1,055 per week. |
Minimum weekly benefit amount |
None. |
Other income amount offsets |
None. NJ FLI is not payable while an employee receives sick, vacation or continued pay from the employer or TDI. |
Maximum duration |
12 week (56 intermittent days) in a 12-month period. 20 days per year to care for a family member who is a victim of domestic or sexual violence. |
Frequently Asked Questions
Is coverage continued after termination of employment?
Yes. Insurance coverage may be continued up to two weeks after termination of employment.
Additionally, if the period of family leave begins more than 14 days after the last day of covered employment and there is a separation from employment, the individual may be eligible for benefits under the Family Leave During Unemployment program. The individual must meet all requirements for unemployment benefits, except that they are not required to show availability for work. If the individual is on an approved leave of absence from covered employment, the individual may be eligible for benefits under the State Plan Family Leave Insurance Program.
What are the qualifying leave reasons?
The qualifying reasons for NJ FLI include all of the following reasons:
- To bond with a child during the first 12 months after the child’s birth, or during the first 12 months after the placement of the child with the covered individual for adoption.
- For bonding claims after the birth of a child, the applicant or the applicant’s spouse, domestic partner, or civil union partner must be the biological parent of the child.
- To care for a family member with a serious health condition that is supported by a certification from a health care provider.
- To cope with domestic and sexual violence, including:
- Seeking medical attention, therapy, victim advocacy or legal services.
- Safety planning or escaping abuse, such as staying in a domestic violence shelter.
- Attending or preparing for court.
- Recovering at home.
What is the taxable wage base?
The Taxable Wage base for benefits and contributions is $161,400 (107 times the State Average Weekly Wage).
What is the State Average Weekly Wage?
The State Average Weekly Wage is $1,465.42 and is updated annually.
How do we determine the benefit year?
365 consecutive days from the first day of leave.
Does a relapse period apply to recurrent leaves?
No. However, a claim may be extended for the same reason with completion of a FL-3 form Insurance Continued Claim Certification form.
Can leave be taken on an intermittent leave basis?
Yes. Claims may be filed for consecutive weeks, for intermittent weeks, or for intermittent days during a 12-month period, beginning with the first date of the claim.
Intermittent leave in full day increments is permitted for up to 56 days in a 12-month period.
How are benefits prorated?
Increments are for a full day, and so one-seventh of the corresponding weekly benefit amount.
Is NJ FLI leave job protected?
NJ FLI generally does not provide job protection. Protection may be afforded under FMLA, New Jersey Family Leave Act (NJFLA) and NJ SAFE Act.
How does accrued paid leave apply to use of NJ FLI?
During receipt of sick or vacation pay, NJ FLI benefits are not payable.
An employer cannot require an employee to use company-paid time off. If an employee chooses to use accrued sick or vacation time, it will not reduce the maximum duration of leave that they are entitled to.
Important Information:
Filing a private TDB plan
- Complete the state of New Jersey’s application for Temporary Disability Insurance (form DP-1) with your broker.
- Submit the completed DP-1 form to us.
- We will send the DP-1 and policy documents to the state of New Jersey’s Division of Temporary Disability Insurance.
- The state of New Jersey will issue a Certificate of Approval.
- Thereafter, we will issue a policy and posting notice.
- We will forward these documents to your broker, who in turn will forward them to you.
- Our standard effective date begins on the first day of the next calendar quarter (whether transferring to us from a state plan or private plan).
All private plans must first be approved by the Division of Temporary Disability Insurance. Private plans must have the same, if not more, liberal benefit amounts, eligibility requirements and duration of payments as the state plan. It is important to note that under a private plan, the cost cannot be more for an employee than it is under the state plan. Additionally, private plan disability benefits may be subject to Social Security (FICA) and federal income taxes.
NJ TDB reporting requirements
SEMI-ANNUAL AND ANNUAL REPORTS
The New Jersey Administrative Code, Sections 12:18-2.29, 2.30, and 2.31 requires that insurance companies, self-insured employers, and union welfare funds file semi-annual and annual reports showing the temporary disability claims activity under their approved private plan(s).
The semi-annual and annual report forms, together with instructions, are mailed to Symetra by the Approvals Unit at the appropriate time. The reports must then be completed and emailed to: TDIECU@dol.nj.gov. The two semi-annual reports must be completed showing the number of new claims filed during the six-month periods ending June 30 and December 31, the number of claims accepted during those periods, and the gross amount of private plan benefits paid during those periods.
The annual report must be completed showing claims activity for the entire calendar year. The information requested includes gross premiums earned, total administrative costs of operating the private plans, and total amount of temporary disability benefits paid under the approved private plan.
Reporting periods follow calendar quarters and are aligned with the reporting periods for unemployment insurance. Reports must be submitted by the last day of the month following the end of the calendar quarter.
State Resources
NJ Temporary Disability and Family Leave Insurance
New Jersey Temporary Disability Benefits Law and Administrative Code
Current Minimum Gross Earnings Requirement
Current Weekly Benefit Rate and Contribution Rate
Family Leave Insurance Poster (PDF)
NJ Family Leave Benefits Application (PDF)
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Symetra Life Insurance Company is a direct subsidiary of Symetra Financial Corporation. First Symetra National Life Insurance Company of New York is a direct subsidiary of Symetra Life Insurance Company and is an indirect subsidiary of Symetra Financial Corporation (collectively, “Symetra”). Neither Symetra Financial Corporation nor Symetra Life Insurance Company solicits business in the state of New York and they are not authorized to do so. Each company is responsible for its own financial obligations.
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Symetra assumes no responsibility for the accuracy or timeliness of any information provided herein. The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel. We recommend employers speak with legal counsel specializing in labor and employment law to ensure compliance with applicable PFML and PFL mandates.
The information on this page was updated as of September 2024.