New Jersey Temporary Disability and Family Leave Insurance: What It Pays, Who Pays In and How to Apply

New Jersey Temporary Disability Insurance (TDI) pays eligible workers 85% of their average weekly wage, up to $1,119 a week for claims that begin in 2026, according to the New Jersey Department of Labor and Workforce Development (NJDOL) (opens in a new tab). It covers your own illness, injury, pregnancy or childbirth recovery when the condition is not work-related, and it can last up to 26 weeks while a healthcare provider certifies that you cannot work. Family Leave Insurance (FLI) is a separate benefit for bonding with a new child, caring for a family member, or certain domestic or sexual violence matters, paying for up to 12 continuous weeks or 56 intermittent days, per the NJDOL FLI page (opens in a new tab). You apply through NJDOL if your employer uses the State Plan, or through your employer's approved private-plan administrator if it does not.

Both programs are funded through payroll, so they work differently from a disability policy you buy on your own. The money, the timing and the paperwork fit together in a set order, for workers and for the employers who run payroll.

How much does New Jersey temporary disability pay?

The weekly benefit is 85% of your average weekly wage, capped at a state maximum that changes each January. For claims beginning in 2026, the cap is $1,119 a week. For claims that began in 2025, it was $1,081, so the 2026 maximum is $38 higher and took effect January 1, 2026, according to the NJDOL 2026 benefit-rate announcement (opens in a new tab).

Your average weekly wage comes from your base year. NJDOL divides your base-year earnings by the number of base weeks you worked. A base week in 2026 is any week in which you earned at least $310; in 2025 the threshold was $303, per the NJDOL TDI page (opens in a new tab). As a simple example, if your base-year pay averages out to $800 a week, 85% of that is $680, which sits under the cap. If your average is high enough that 85% would exceed $1,119, the benefit stops at $1,119.

FLI uses the same 85% formula and the same weekly maximum, according to the NJDOL FLI page (opens in a new tab).

How long can you stay on NJ temporary disability?

TDI can pay for up to 26 weeks. The length of your claim follows your medical certification: your healthcare provider certifies the condition and the period you are unable to work, and benefits track that period, according to the NJDOL TDI page (opens in a new tab).

Qualifying reasons include a physical or mental health condition, an illness, an injury that did not happen at work, pregnancy, and recovery from childbirth. The condition has to keep you from doing the duties of your job. If your recovery runs longer than first expected, ask your provider about updating the certification, and ask NJDOL or your private-plan administrator how an extension is handled on your claim.

What is the difference between TDI and FLI?

TDI is about your own health. FLI is about someone else who needs you. The two often appear together after a birth: your own pregnancy disability and childbirth recovery fall under TDI, and bonding with the baby afterward falls under FLI, according to the NJDOL FLI page (opens in a new tab).

FLI covers:

• Bonding with a newborn, a newly adopted child or a newly placed foster child during the first year.
• Caring for a family member with a physical or mental health condition.
• Handling certain matters related to domestic or sexual violence.
• Caring for a loved one who is a victim or survivor of domestic or sexual violence.

How long can Family Leave Insurance last?

FLI can pay for up to 12 consecutive weeks in a 12-month period, or up to 56 intermittent days in a 12-month period, which equals eight weeks, according to the NJDOL FLI page (opens in a new tab). Intermittent leave fits situations like taking a parent to treatment two days a week, while continuous leave fits a block of time such as the weeks after an adoption.

If you plan to take FLI, notice to your employer matters. For continuous bonding leave, 30 days' advance notice is generally required. For intermittent bonding leave, the requirement is 15 days' notice for each anticipated absence. Intermittent caregiving leave also calls for at least 15 days' notice, and continuous caregiving leave calls for reasonable notice, with exceptions for unforeseen or emergency situations, according to the NJDOL job-protected leave FAQ (opens in a new tab).

Who qualifies for NJ TDI or FLI?

You qualify through covered employment and earnings. For 2026, you need either at least 20 base weeks with earnings of $310 or more, or at least $15,500 in total covered earnings during the base year. For 2025 the figures were $303 a week or $15,200 in total, per the NJDOL 2026 benefit-rate announcement (opens in a new tab).

TDI generally covers people who work in New Jersey for a covered employer, wherever they live. Common exclusions listed by NJDOL (opens in a new tab) include federal employees, many out-of-state employees, properly classified independent contractors, and certain faith-based or optional local-government employment.

State law adds a few conditions. A TDI disability has to come from an accident or sickness not arising out of employment, or one that workers' compensation does not cover, and it has to leave you unable to perform your job duties, according to the session-law amendments in P.L. 2020, c. 23 (opens in a new tab) and P.L. 2020, c. 17 (opens in a new tab). The full program sits at N.J.S.A. 43:21-25 through 43:21-56, as listed in the NJDOL private-plan claims manual (opens in a new tab).

Who pays New Jersey disability and family-leave contributions?

Workers pay into both programs through payroll deductions. Employers pay into TDI but not into State Plan FLI, which is funded entirely by employees, according to the NJDOL employer page (opens in a new tab). Employee rates dropped for 2026 while the wage base rose.

Sources: NJDOL 2026 benefit-rate announcement (opens in a new tab) and the New Jersey Division of Taxation 2025 figures (opens in a new tab).

Employer TDI rates vary from one employer to the next within that range, so a payroll manager should confirm the assigned rate with NJDOL rather than apply one statewide percentage.

How do you apply for NJ TDI?

For a State Plan claim, the steps run like this, according to the NJDOL TDI page (opens in a new tab) and the NJDOL TDI FAQ (opens in a new tab):

1. Start the application online after your first day of disability. Paper applications can be mailed or faxed.
2. Provide your identifying information, first day of disability, contact details, employment information and your medical provider's information.
3. Have your healthcare provider submit the medical certification describing your condition and the expected period of disability.
4. File within 30 days after your first day of disability. A late application needs an explanation, and benefits may be reduced or denied.
5. Watch your claim status and answer any request for information quickly.

TDI has a seven-day waiting week, so payment begins on the eighth consecutive day. If benefits are payable for three consecutive weeks, the first seven days become payable too. Approved benefits are currently paid through a prepaid debit card.

FLI is a separate claim. Caregiving claims need medical certification for the family member, per the NJDOL FLI page (opens in a new tab).

Does your employer use the State Plan or a private plan?

Before you file, ask your employer or HR office which plan covers you. An employer can replace the State Plan with an approved private plan through an approved insurance company, a self-insured plan or a union welfare fund. NJDOL has to approve the plan before it takes effect, and the plan must offer benefits, eligibility and coverage at least equal to the State Plan, at a worker cost no higher than the State Plan contribution, according to the NJDOL employer page (opens in a new tab).

The private plan's administrator processes your claim, often with its own forms and contacts. Sending a private-plan claim to NJDOL by mistake can add a transfer delay of about four to five weeks, per the NJDOL TDI page (opens in a new tab). If a private plan denies your claim, you can file an appeal with NJDOL within one year from the date the disability began.

Useful questions for your employer or plan administrator:

• Am I covered by the State Plan or an approved private plan, and who administers claims?
• Which form or portal do I use, and where does my provider send the certification?
• What earnings and employment information will be used to figure my benefit?
• How do I appeal a denial?
• Does my leave fall under TDI, FLI, or both at different times?

Does TDI protect your job?

Getting paid and keeping your job are separate questions. TDI and FLI replace part of your wages; job protection comes from other laws.

The federal Family and Medical Leave Act (opens in a new tab) generally gives eligible employees up to 12 weeks of unpaid, job-protected leave. Eligibility generally requires 12 months with the employer, 1,250 hours in the past 12 months, and a worksite where the employer has at least 50 employees within 75 miles.

The New Jersey Family Leave Act (NJFLA) provides up to 12 weeks of job-protected leave in a 24-month period for qualifying family-care and bonding reasons, under the Division on Civil Rights regulations (opens in a new tab). Starting July 17, 2026, NJFLA applies to employers with at least 15 employees worldwide (down from 30), and to workers with at least three months on the job (down from 12) and at least 250 hours in the prior 12 months (down from 1,000), according to NJDOL's guidance on the 2026 changes (opens in a new tab).

Also beginning July 17, 2026, workers receiving TDI or FLI from the State Plan or an approved private plan may have job protection when NJFLA and FMLA do not already cover the leave. That protection has no minimum employer size or work-history requirement, but you must be receiving the qualifying benefit. Which law applies still depends on your reason for leave, so ask your employer which protection covers your absence.

How does TDI interact with workers' compensation, unemployment, sick leave and PTO?

Work injuries generally belong under workers' compensation. If the workers' compensation carrier contests or stops benefits, TDI may pay temporarily when you meet TDI requirements, file a formal workers' compensation claim petition, and agree to repay TDI if workers' compensation is later awarded, according to the New Jersey Division of Workers' Compensation (opens in a new tab).

If you become disabled while unemployed and have not worked in the 14 days before the disability, Disability During Unemployment may apply. Stop certifying for unemployment and file the disability claim so NJDOL can place you in the right program, per the NJDOL TDI page (opens in a new tab).

Paid time off has its own rules, according to the NJDOL employer handbook (opens in a new tab). An employer may be able to require PTO before TDI, depending on how its PTO policy works with the New Jersey Earned Sick Leave Law. An employer cannot require you to use accrued earned sick leave before TDI when it keeps earned sick leave separate from general PTO. You may choose to use sick or vacation time before FLI, and those days do not reduce your FLI maximum. You generally cannot collect full PTO wages and FLI for the same day.

Are NJ TDI and FLI benefits taxable?

Both are federally taxable. For State Plan TDI, federal income tax is not withheld unless you request it, and FICA and Medicare are deducted automatically. The taxable amount is reported to your employer for W-2 reporting, usually as third-party sick pay, and NJDOL does not issue a W-2 to you directly, per the NJDOL TDI page (opens in a new tab). For FLI, you can elect 10% federal withholding, and a Form 1099-G is available for the year, according to the NJDOL FLI FAQ (opens in a new tab).

New Jersey does not tax State Plan benefits or qualifying third-party sick pay, including FLI, under its gross income tax, according to the New Jersey Division of Taxation (opens in a new tab). If you are on a private plan, ask the administrator how your payments will be reported.

What must New Jersey employers post and tell workers?

Covered employers must display both the TDI poster and the FLI poster where employees can clearly see them, give written program notice at hiring, when an employee asks, and when an employee says they need leave, and report quarterly earnings to NJDOL so benefits can be calculated, according to the NJDOL employer toolkit (opens in a new tab). Official posters are on the NJDOL printables page (opens in a new tab). Employers that miss these notice duties can face penalties; for the amount that applies to a specific situation, contact NJDOL.

If you run a small business and want to talk through the rest of your coverage, such as workers' compensation or liability, Riskado's directory lists insurance agencies in New Jersey and across the US.

Frequently asked questions

Does pregnancy qualify for NJ TDI?

Yes. Pregnancy and childbirth recovery are qualifying TDI reasons when your provider certifies you cannot work. Bonding with the baby afterward is a separate FLI claim.

How do I find out whether my employer has a private plan?

Ask your employer or HR office before you file. A private plan uses its own administrator, and a claim sent to NJDOL by mistake can be delayed about four to five weeks.

How long do I have to apply for TDI?

File within 30 days after your first day of disability. A late claim needs an explanation and may be reduced or denied.

Is the first week of TDI ever paid?

Yes, in some cases. The first seven days are a waiting week, but they become payable if benefits are payable for three consecutive weeks.

Does receiving TDI automatically guarantee my job?

No. Since July 17, 2026, TDI and FLI recipients may have job protection when NJFLA and FMLA do not apply, but the reason for leave and the applicable law still decide it.

Next steps

Start by confirming with your employer whether you are on the State Plan or a private plan, mark the 30-day filing deadline from your first day of disability, and ask your healthcare provider to send the certification promptly. Employers can check their posters, notices and assigned TDI rate against the NJDOL employer toolkit (opens in a new tab) before the next claim comes in.