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

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New Jersey Temporary Disability Benefits (NJ TDB) Plan Details

Summary:
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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
  • State or private plan.
  • Private plans may be insured or self-insured and must at least equal the provisions of the state plan.
  • New Jersey's application for a private plan exemption (form DP-1) must be filed and approved before the private plan may go into effect.

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:

  • Both employers and employees contribute to the cost.
  • The employee's contribution is 0.00% of their taxable wage base for a maximum contribution of 0.0%.
  • The state plan rate varies from 0.10% to 0.75% of the employer’s taxable wage base of $42,300 of annual earnings.
  • The state rate is experience rated.
  • For a private plan, an employee cannot be required to contribute more than they would have under the state plan. The employer pays the balance of the plan costs.
Waiting period
  • 7 consecutive calendar days.
  • Payment is paid retroactive to day one, if the disability lasts longer than 21 days.
  • The waiting period starts on the first full day of disability and should be verified by a medical provider.
  • There is no waiting period for a disability resulting from a bone marrow or organ donation.
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:

  • Continued pay, including:
    • Sick pay allocated to a period of time during the disability.
    • Regular weekly wages paid during the disability; or
    • Vacation pay allocated to a period of time during the disability.

When:

    • The employer is paying the difference between the regular weekly wage and the NJ TDB benefit.
    • The employer is paying more than the difference between the regular weekly wage and the NJ TDB benefit.
    • When there are two employers under the following circumstances:
      • Employment was non-concurrent and the continued pay is from the last employer.
      • Employment was concurrent and payment is continued from either employer.
  • Temporary disability benefits received from another state.
  • The amount paid concurrently under any governmental or private retirement, pension or permanent disability benefit or allowance program to which the individual's most relevant employer contributed on his or her behalf.
  • The claimant had two employers and is receiving workers’ compensation from the first employer when they become disabled with the second employer. Specifically:
    • The weekly private plan temporary disability benefit rate is reduced by the weekly temporary workers’ compensation benefit rate, dollar for dollar, and
    • The claimant is paid temporary disability benefits at the adjusted rate.
    • Any reduction in the weekly temporary disability benefit will also reduce the maximum total benefits payable during the period of disability.
  • The amount of maintenance and cure benefits required under federal law and paid by a maritime employer to employees on sea-going vessels beginning on the date the maintenance and cure benefits began.

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

New Jersey Family Leave Insurance (NJ FLI) Plan Details

Summary:
checkcircle.svg

State or private plan: (insured or self-insured).

checkcircle.svg

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.

checkcircle.svg

Waiting period: 7 days.

checkcircle.svg

Benefit duration: 26 weeks, not to exceed the period necessary for benefits to equal one-third of total wages in base year.

checkcircle.svg

Maximum benefit: $1,055.

 
Coverage details
  • State or private plan.
  • Private plans may be insured or self-insured and must at least equal the provisions of the state plan.
  • New Jersey's application for a private plan exemption (form DP-1) must be filed and approved before the private plan may go into effect.

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:

  • Employees contribute 100% to the cost.
  • The employee’s contribution is 0.09% of their taxable wage base. The maximum NJ FLI employee contribution equals $145.26.
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

Important Information:

 

 

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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.

Symetra® is a registered service mark of Symetra Life Insurance Company.

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.