New Jersey Expands Job-Protected Family Leave Rights

Changes effective July 17 extend reinstatement rights to many workers receiving state benefits and lower the eligibility thresholds under the New Jersey Family Leave Act.

TRENTON, N.J. More New Jersey workers can take qualifying family or disability leave without losing their jobs under changes that took effect Friday.

The law extends job protection to workers receiving New Jersey Temporary Disability Insurance or Family Leave Insurance when their absence is not already protected by the state Family Leave Act or the federal Family and Medical Leave Act, according to joint guidance from the Department of Labor and Workforce Development and Division on Civil Rights.

A qualifying worker must generally be restored to the same position or an equivalent one after the approved leave. State guidance says the new protection tied to Temporary Disability or Family Leave Insurance does not impose a minimum employer size or length-of-employment requirement.

That distinction matters because wage-replacement benefits and job protection are separate legal questions. A worker can qualify for cash benefits without previously having a statutory right to return to the job.

Eligibility for the payments themselves has not changed. For claims beginning in 2026, the state says a worker generally must have earned at least $310 per week for 20 weeks during the relevant base period or at least $15,500 in total. Individual eligibility depends on earnings and the reason for leave.

The law also significantly expands the New Jersey Family Leave Act:

  • The employer threshold falls from 30 workers to 15 workers worldwide. Government agencies are covered regardless of size.
  • The employment requirement falls from 12 months to three months.
  • The hours-worked requirement falls from 1,000 hours to 250 hours during the preceding 12 months.

Workers who qualify under the state Family Leave Act may still take up to 12 weeks of protected leave during a 24-month period to bond with a child or care for a family member with a serious health condition. That law generally does not cover a worker’s own disability; Temporary Disability Insurance addresses qualifying absences involving the worker’s own condition.

The federal Family and Medical Leave Act has not changed. Its separate requirements, including employer size, tenure and hours worked, remain in place.

Workers and employers can review the state’s expanded job-protection guidance. The state cautions that policies, forms and procedures may continue to change through formal rulemaking.

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