New Jersey Family Leave Insurance

Quick Facts

• Benefit rate: 85% of the worker’s average weekly wage, capped at 70% of the statewide average weekly wage ($1,055 in 2025).
• Duration: Up to 12 weeks of continuous benefits or 56 intermittent days within a 12-month period.
• Coverage: Most New Jersey employees who have paid Family Leave Insurance (FLI) payroll deductions; self-employed individuals can opt in through elective coverage.
• Qualifying reasons: Bonding with a new child, caring for a seriously ill family member, and addressing certain military-related needs.
• Administration: Managed by the New Jersey Department of Labor (NJDOL) through the MyLeaveBenefits portal.

Program Overview

New Jersey Family Leave Insurance complements the state’s Temporary Disability Insurance program by offering paid time off when a worker must step away for caregiving or bonding. While the federal FMLA provides unpaid job protection, New Jersey FLI supplies cash benefits funded entirely by employee payroll contributions. In 2025, workers contribute 0.06% of taxable wages up to the wage cap. Employers do not contribute, but they are responsible for withholding and remitting the payroll deductions.

The program has expanded steadily since its launch in 2009. It now covers a broad definition of family, allows up to 12 weeks of benefits, and supports intermittent scheduling to accommodate part-time caregiving. Because FLI and Temporary Disability Insurance share systems, many parents transition seamlessly from disability benefits after birth to FLI for bonding. NJDOL pays benefits via direct deposit or prepaid debit card and typically issues the first payment within two to three weeks of receiving a complete application.

Eligibility Requirements

To qualify you must:

1. Have paid into the FLI program through payroll deductions or elective coverage.
2. Meet the base-year earnings requirement, which is either: (a) $13,000 in wages during the base year, or (b) at least 20 weeks of work earning $269 or more per week (2025 threshold). The base year is the 52 weeks before the claim starts.
3. Experience a qualifying event: bonding with a child in the first year, caring for a family member with a serious health condition, or handling matters arising from a family member’s military deployment.
4. Submit a timely claim online or by mail, including required documentation.

Benefit Structure

• Weekly amount: 85% of average weekly wage (AWW). NJDOL calculates AWW by dividing base-year wages by the number of base weeks (weeks with earnings of $269 or more) up to 52.
• Maximum benefit: $1,055 per week in 2025.
• Duration limits: Up to 12 consecutive weeks or 56 intermittent days per 12-month period. Combined FLI and Temporary Disability Insurance benefits are capped at 26 weeks within a benefit year.
• Waiting period: No waiting week for FLI benefits.
• Intermittent leave: Allowed in single-day increments. Provide a schedule of care or bonding to NJDOL when filing.

Application Process

1. Tell your employer. Provide 30 days’ notice for foreseeable leave (adoption placement, planned surgery). Employers cannot deny benefits for failing to give notice, but payments may be reduced by up to 14 days unless you had good cause.
2. Create a MyLeaveBenefits account. File online at myleavebenefits.nj.gov. Paper applications (Form FL-1) are available but take longer.
3. Complete Part A. Include personal information, employment history, and the date you stopped working. For bonding, indicate the child’s birth or placement date. For caregiving, detail the family member’s condition.
4. Have your employer complete Part B. They verify your wages and last day worked. If the employer fails to respond, NJDOL can process the claim using available wage records.
5. Submit supporting documentation. Examples include birth certificates, adoption papers, foster placement letters, or medical certifications (Form FL-4) completed by a health care provider. For military exigency, upload deployment orders.
6. Monitor status. Log into MyLeaveBenefits to track updates. Respond quickly to requests for more information to avoid delays.
7. Certify continued leave. For intermittent claims, submit schedules and report any days worked. NJDOL issues payments every two weeks.

Required Documentation

• Proof of identity when registering online.
• For bonding: proof of child relationship (birth certificate, adoption judgment, hospital record). Non-birth parents can submit a Voluntary Acknowledgment of Paternity or adoption placement letter.
• For caregiving: health care provider certification detailing diagnosis, care needs, and expected duration. Providers include MDs, DOs, chiropractors, dentists, podiatrists, nurse practitioners, physician assistants, clinical psychologists, optometrists, certified nurse midwives, and licensed social workers.
• For military exigency: copies of active duty orders, rest and recuperation documentation, or other official paperwork showing deployment.

Job Protection Considerations

FLI itself does not guarantee job protection. Workers may be protected under the New Jersey Family Leave Act (NJFLA), federal FMLA, or other laws. NJFLA covers employers with 30 or more employees and allows leave for bonding or caring for family members (but not personal medical leave). Confirm your eligibility and coordinate the timing so that unpaid job-protected leave runs concurrently with paid benefits.

Some local ordinances, such as Jersey City’s paid sick leave law, may provide additional rights. Public employees and union members should review collective bargaining agreements for enhanced protections.

Coordination with Other Benefits

• Temporary Disability Insurance (TDI): Birth parents often receive TDI for pregnancy-related disability, then switch to FLI for bonding. File a separate FLI claim when ready; the systems share wage data, so transitions are smooth.
• Employer-provided pay: Employers can allow use of accrued paid time off to supplement FLI benefits up to full wage replacement. They cannot require you to use PTO unless a collective bargaining agreement permits it.
• Short-term disability policies: Private insurance payments for the same days may offset FLI benefits. Verify policy coordination rules.
• Unemployment insurance: You cannot claim unemployment while receiving FLI.

Strategies to Maximize Benefits

1. Plan your base year. If possible, schedule leave after a period of higher earnings to boost your weekly benefit.
2. Document your caregiving plan. For intermittent leave, ask the provider to outline the expected frequency. This helps NJDOL approve your schedule without repeated documentation.
3. Track communication. Save confirmation numbers, emails, and postal receipts. NJDOL may request proof of timely submission.
4. Adjust tax withholding. FLI benefits are subject to federal income tax (reported on Form 1099-G) but exempt from New Jersey state tax. Request voluntary federal withholding if desired.
5. Coordinate with partner or relatives. New Jersey allows multiple family members to claim FLI to care for the same person. Stagger leave to extend support.

Avoiding Common Pitfalls

• Late filing: You must file within 30 days of starting leave. Late claims require an explanation and may reduce benefits.
• Incomplete medical forms: Providers must complete all sections and include ICD codes or detailed diagnoses. Missing information leads to delays.
• Employer non-cooperation: If your employer fails to complete Part B, submit the claim with proof of request. NJDOL can rely on wage records and may contact the employer directly.
• Working during claimed days: Report any hours worked or wages received while on intermittent leave. Failure to report can result in overpayments and penalties.

Example Use Cases

• Non-birthing parent: Jasmine’s partner delivered twins. Jasmine filed for 12 weeks of bonding leave, providing the birth certificates and proof of domestic partnership. She coordinated with her employer to use PTO to supplement the FLI benefit to full pay for the first two weeks.
• Caregiver for elderly parent: Luis’s mother had a stroke. Her neurologist completed Form FL-4 certifying the need for daily assistance for six weeks. Luis took intermittent leave three days per week while his siblings covered weekends. NJDOL paid benefits for the days he missed work.
• Military deployment: Erin’s spouse received notice of deployment. Erin used FLI to organize childcare and handle legal paperwork. Deployment orders and a letter from the commanding officer supported the claim.

Appeal Rights

If NJDOL denies or reduces your claim, you have seven days from receipt (or 10 days from mailing) to submit a written appeal. Include the denial notice, supporting documents, and detailed reasons. Appeals are reviewed by an examiner who may schedule a telephonic hearing. Additional appeals can be filed with the Appellate Division of the Superior Court.

Resources and Assistance

• NJDOL Family Leave Insurance portal
• How to apply for Family Leave Insurance
• Form FL-1 (paper application)
• NJDOL contact center or call 609-292-7060
• NJ Family Leave Act fact sheet

Advanced Planning Tips

• Elective coverage for self-employed workers: File Form CE-1 to join the program. Coverage must be in place for 30 days before benefits begin, and you must remain enrolled for at least two years.
• Bonding leave stacking: Both parents can take 12 weeks each, even simultaneously. Employers cannot limit the duration if both employees work for the same company.
• Care team coordination: For long-term illnesses, create a shared calendar with other caregivers. Submit updates to NJDOL if the schedule shifts significantly.
• Return-to-work transitions: Discuss flexible arrangements with your employer before returning. Gradual schedules can ease the shift back and may be supported by intermittent FLI days if medically necessary.