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New Jersey Family Leave Insurance - Legislative Guidance

Table of Contents

Overview
Employer Coverage
Employee Eligibility
Qualifying Absence Reasons and Leave Duration
How Leave Can be Taken
Certification Requirements
Pay and Benefits
Interaction with Other Laws
Employee and Employer Responsibilities
Resources

Overview

New Jersey eligible employees may receive up to 12 weeks/56 intermittent days, in a benefit year, of partial pay benefits and job protection, while on leave for to care for a family member’s own health condition, bonding with a new child, or newly placed adopted/foster child, or matters relating to domestic violence. New Jersey Family Leave Insurance (NJFLI) also offers discrimination protections.

Claims and payment are administered by the state, funded through employee payroll contributions. New Jersey employers may choose to have a private, equivalent plan that provides the same or greater benefits than the state benefits. Equivalent plans must be approved by the Division of Temporary Disability Insurance/ Family Insurance, Private Plan Compliance Section (The Division).

The Division does not require an employer response to make payment, instead they send notification of decisions which employers must review to ensure there are no inaccuracies. The Division supplies tax information to employers for employee’s claims, if during the claim process, the employee does not elect to withhold taxes from their NJFLI payments.

AbsenceSoft Policies

New Jersey Paid Family Leave Insurance is configured in AbsenceSoft with the policy code and naming below:

  • New Jersey Paid Family Leave Insurance NJ-FTD

Legislation codes and statues

The information presented in the guidance relates to the following legislative codes, links to the specific legislation can be found within the ‘Resources’ section of this document. The law is also know as New Jersey Paid Family Leave:

  • New Jersey Statues Title 43, Chapter 21, Sections 21-25 - 21-56 (N.J.S.A. §43:21-25 - §43:21-56)

  • New Jersey Administrative Code, Title 12, Chapter 18, Sections 1.1- 1.8 (N.J.A.C. §12:18 et al)

Employer Coverage

Employers subject to the New Jersey Unemployment Compensation law.

Exclusions:

  • Federal government employees (exempt)

  • Local government employees (may opt-in)

  • Religious organizations (exempt)

Employee Eligibility

Employees working in the state of New Jersey where their employer is subject to the New Jersey Unemployment law or have opted into the NJFLI and have a qualifying reason for benefit payment. Employees must meet minimum earnings requirements which may fluctuate year over year over at least 20 weeks of the last four or five calendar quarters. Earnings are considered from all employers the employee may have within the base year, not just the current employer.

Exclusions:

  • Contractors

  • Out-of-state employees

Qualifying Absence Reasons and Leave Duration

The maximum allowed for NJFLI is 12 weeks or 56 intermittent days, which can be used in any combination with the absence reasons listed below. Leave is measured on a 12-month measurement period beginning on the first date of leave taken on a rolling forward method.

Domestic Violence/Safe Leave reasons must be taken within 12 months from the incident.

Family Leave

  • Adoption/Foster Care: bond with a child or becomes responsible for a child pending adoption during the first 12 months after the child’s adoption or placement.

  • Bonding: bond with a new child during the first year after birth.

  • Family Health Condition: Care for a family member with a serious health condition.

There are certain situations where the following will apply during states of emergency declared due to a communicable disease or other natural disaster:

  • Employee Caring for Individual Isolated/Quarantined: when a family member’s exposure to or is susceptible to a communicable disease results in an order for isolation of the family member.

  • Care for Family Member during State of Emergency: in-home care or treatment needed by the family member.

  • Care of a child due to place of care/school closure: during a state of emergency where schools or the location the child would typically receive care is closed.

Safe Leave/Domestic Violence

  • Domestic Violence/Safe Leave: Attend court proceedings, seeking legal assistance (protective orders, meeting with law enforcement or attorney), securing housing, relocating, medical attention, counseling, or other victim service as it relates to domestic violence or sexual assault.

Qualifying Family Member

  • Sibling

  • Grandparent

  • Child (adopted/foster child, stepchild, legal ward, grandchild, domestic partner* or civil union partner*, child of any age)

  • Spouse

  • Domestic Partner

  • Parent (parent-in-law, foster/adoptive parent, stepparent, legal guardian)

  • Individual who has a blood relationship

  • Any individual the employee deems as having a family relationship with though they are not blood related/chosen family

💡 Safe/Domestic Violence leave under NJFLI is available to the employee who is the victim or survivor only for purposes that are not medically related. Medical related claims are processed through the NJTDI program. Employees cannot take leave under both programs at the same time.1

How Leave Can be Taken

Employees may take leave consecutively or intermittently, for any qualifying reason.

  • Consecutive leave: A continuous, uninterrupted period of leave taken for a single qualifying reason.

  • Intermittent leave: Leave taken in separate, sometimes unpredictable, blocks of time (either hours, days or weeks) between the start and end dates of leave.

Certification Requirements

The state makes the determination on the payment of benefits and does have a form the employee will complete when the claim is filed. Employees will need to visit the state paid leave website to submit information through the Division’s portal. Healthcare providers are prohibited from charging their patients for completion of required forms for benefits.2

Decisions on the benefits are available to the employer, via the state website portal, and are typically made within 2-6 weeks when a claim is filed. It is recommended the employer review the approval and contact the state for any discrepancies. The state recommends keeping all copies of the payments issued to the employee to ensure discrepancies can be reported accurately and promptly.

Pay and Benefits

Where state pay benefits are involved with other law interactions, such as state mandated sick pay, employers will want to consider where PTO/employer pay benefit application should occur. There is no waiting period for benefits.

Amount of Pay

NJFLI pays a weekly benefit amount that is determined by the employee’s state’s average weekly wage (AWW) over quarters of a year determined by the state. The AWW is calculated to a state determined percentage and then subjected to the state’s maximum weekly benefit allowed in that calendar year.

Employers should review the state website for further information on AWW increases and benefit calculations.

Use of Paid Time Off (PTO)/Employer Benefits

Employers cannot require an employee use paid time off benefits. However, an employee may request to utilize PTO, vacation, or other employer-sponsored benefits in addition to the benefits offered under NJFLI.

Employees may also use Earned Sick Pay but they will not be able to receive both Family Leave Insurance benefits and Earned Sick Pay at the same time. Employees will have the choice as to which they prefer and should communicate to their employer.

Job Protection

Employees should be returned to the same position or equivalent with same benefits, pay, seniority and other employment terms. The law also offers discrimination/retaliation protections for those receiving or requesting NJFLI callout discharging the employee or making changes to pay, conditions or other terms of employment.3

Other Protections

Employees who invoke their right to NJFLI are protected from discrimination and retaliation. Employers are prohibited from discharging, changing compensation, conditions or other terms of employment.3

Any information provided for NJFLI benefits in relation to Safe/Domestic violence reasons is confidential and can only be released with employee permission, unless required by law.

Benefits

The discrimination clause does reference retaliation for other privileges of employment. Employers may consider benefits as a privilege of employment.

Interaction with Other Laws

Where an employee meets the definition of family member, qualifying absence reason, or serious health condition, the state and federal laws may interact. Accommodations that are not leave related, would not run concurrently with other state or federal leave laws.

Family and Medical Leave Act (FMLA)

FMLA may run concurrently with NJFLI.

New Jersey Family Leave Act (NJFL)

NJFLA may run concurrently with NJFLI.

New Jersey SAFE Act (NJSAFE)

NJFLI may run concurrently with NJSAFE where applicable relating to qualifying events.

New Jersey Temporary Disability Insurance (NJTDI)

An employee may not receive disability insurance at the same time as NJFLI.

Unemployment Insurance

Unemployment Insurance may run concurrently with NJFLI in very specific circumstances.

Employee and Employer Responsibilities

Employee Responsibilities

  • Notify employer varying timeframes depending on the situation:

    • Safe/Domestic Violence: as much advance notice as possible

    • Intermittent bonding or care of a family member: at least 15 days’ notice prior to the start of benefit payment or as soon as possible during emergency;

    • Bonding: at least 30 days advance notice unless emergency;

    • Care of a family member continuous: as much notice as possible unless emergency;

  • Provide requested state certification documents;

  • File with and respond to the state;

  • Follow proper company policies and procedures.

Employer Responsibilities

  • Post notice of the employee’s rights under the law in a conspicuous space and:

    • At time of hire;

    • When an employee asks; and

    • When an employee asks to take time off for a reason that may qualify for benefits;

  • Create a state account;

  • Withhold proper deductions from employee paychecks and follow reporting requirements of the state;

  • Respond to inquiries and tax forms from the state; and

  • Review decisions rendered by the state for inaccuracies.

Resources

Footnotes:

  1. https://www.nj.gov/labor/myleavebenefits/worker/resources/keepingnjsafe.shtml

  2. N.J.A.C. §12:18-1.6

  3. N.J.S.A. §43:21-55.2 (a)