Family Leave Insurance

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, or to provide care for a seriously ill (including COVID-19) or injured loved one.
 

New Jersey's Family Leave Insurance law allows mothers and fathers to take up to six weeks off within the first 12 months of a child's birth or placement. Family Leave Insurance benefits can be taken in one continuous period, or in one-week increments to bond with a new child.
 

Family Leave Insurance provides New Jersey workers cash benefits to bond with a newborn, newly adopted, newly placed foster child, or to provide care for a seriously ill or injured loved one. While most New Jersey workers who take family leave are covered under the State’s family leave program, some employers provide Family Leave Insurance through a plan with a private insurance carrier instead. If you are not sure about your coverage, ask your employer.
 

Any New Jersey worker who contributes to the state plan for Family Leave Insurance, or an approved private plan may be eligible. Check your pay stubs or ask your employer if you’re not sure about your coverage.

If planning ahead, you may start your online application up to 60 days in advance. To avoid deletion of your draft application: (1) within 14 days of starting the application, provide all information and confirm your claim; then (2) within 14 days of starting your leave, certify and file your claim. If applying after your leave begins, you have 30 days from your first day of leave to file your application.

In order to have a valid claim for Family Leave Insurance, you need to have paid into the program through your employment and meet minimum gross earnings requirements. Family Leave Insurance is available to most New Jersey workers.

Exemptions include: 

• federal government employees
• out-of-state employees
• faith-based organizations
• workers that are not technically employees (such as contractors).

New Jersey Family Leave Insurance (FLI) is a partial wage-replacement program. It does not guarantee employer-approved time off or job protection.

However, your job may be protected under the federal Family and Medical Leave Act (FMLA) or the New Jersey Family Leave Act (NJFLA), which require covered employers to provide their employees with unpaid, job-protected leave for up to 12 weeks. You must apply for FMLA protection directly with your employer.

These programs are not related, and you may be eligible for Family Leave Insurance benefits whether or not your job is protected under FMLA or NJFLA.  https://nj.gov/labor/myleavebenefits/worker/fli/

FMLA:  Family and Medical Leave Act -  (For 50 or more employees)

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

• Twelve workweeks of leave in a 12-month period for:
  • the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
• Twenty-six work weeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

FMLA: General Guidance

• Break Time for Nursing Mothers
• Special Rules for Returning Reservists under USERRA
• FMLA Frequently Asked Questions
• Military Frequently Asked Questions
• Questions and Answers concerning the use of FMLA leave to care for a son or daughter age 18 or older
• Individuals Impacted by Cancer
• Talking to Your Employer
• Help for Health Care Providers
• FMLA Employer Guide
• FMLA Employee Guide
• FMLA Mini Card (Spanish)
• FMLA Mini Card - Military (Spanish)
• FMLA Military Leave Employee Guide (Spanish)
• Family and Medical Leave Act (PDF)
• COVID-19 or Other Public Health Emergencies and the FMLA

FMLA: Fact Sheets

• Fact Sheet #28: The Family and Medical Leave Act of 1993
• Fact Sheet #28A: Employee Protections under the Family and Medical Leave Act
• Fact Sheet #28B: FMLA leave for birth, bonding, or to care for a child with a serious health condition on the basis of an "in loco parentis" relationship
• Fact Sheet #28C: FMLA leave to care for a parent with a serious health condition on the basis of an "in loco parentis" relationship
• Fact Sheet #28D: Employer Notification Requirements under the Family and Medical Leave Act (FMLA)
• Fact Sheet #28E: Employee Notice Requirements under the Family and Medical Leave Act
• Fact Sheet #28F: Qualifying Reasons for Leave under the Family and Medical Leave Act
• Fact Sheet #28G: Certification of a Serious Health Condition under the Family and Medical Leave Act
• Fact Sheet #28H: 12-month period under the Family and Medical Leave Act (FMLA)
• Fact Sheet #28I: Calculation of Leave under the Family and Medical Leave Act
• Fact Sheet #28J: Special Rules for Airline Flight Crew Employees under the Family and Medical Leave Act
• Fact Sheet #28K: “Son or Daughter” 18 years of age or older under the Family and Medical Leave Act
• Fact Sheet #28L: Leave under the Family and Medical Leave Act for Spouses Working for the Same Employer
• Fact Sheet #28M: The Military Family Leave Provisions under the Family and Medical Leave Act
• Fact Sheet #28M(a): Military Caregiver Leave for a Current Servicemember under the Family and Medical Leave Act
• Fact Sheet #28M(b): Military Caregiver Leave for a Veteran under the Family and Medical Leave Act
• Fact Sheet #28M(c): Qualifying Exigency Leave under the Family and Medical Leave Act
• Fact Sheet #28N: Joint Employment and Primary and Secondary Employer Responsibilities Under the Family and Medical Leave Act (FMLA)
• Fact Sheet #28O: Mental Health Conditions and the FMLA
• Fact Sheet #28P: Taking Leave from Work When You or Your Family Member Has a Serious Health Condition under the FMLA
• Fact Sheet #28Q: Taking Leave from Work for Birth, Placement, and Bonding with a Child under the FMLA
• Fact Sheet #44: Visits to Employers Samoan (PDF)
• Fact Sheet #77B: Protection for Individuals Under the Family and Medical Leave Act

Employers Guide to Family and Medical Leave Act  - click to download