New Jersey

Below you will find any recent or upcoming changes to the family and medical leave and/or leave income replacement benefit law(s) within this state.

Last Updated: 12/14/2022

New Jersey Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) and New Jersey Family Leave Act (NJ FLA)

What is the Update?

New Jersey Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI)

Update (11/11/22): Employees will continue to receive up to 85% of their average weekly wage when they claim TDI and FLI benefits in 2023 (the same as in 2022). However, the weekly maximum weekly benefit will increase to $1,025 in 2023 (from $993 per week in 2022). The employee eligibility requirement has been amended, where now to qualify for NJ FLI or TDI benefits, an employee must have worked 20 weeks earning at least $260 weekly or have earned a combined total of $13,000 in the base year – this is an increase from the previous requirement of earning at least $240 weekly, or a combined total of $12,000 in the base year.

Employers and employees will customarily both contribute to the cost of Temporary Disability Insurance. However, the New Jersey Labor and Workforce Development has announced that there will be no TDI employee contributions in 2023. Employer contributions, however, are still required. To understand more about how the New Jersey Labor and Workforce Development determines employer contributions for TDI see here.

The Department has confirmed for FLI benefits, that employees will be responsible for contributing 0.06% of the first $156,800 in covered wages, with a maximum contribution of $94.08. This is a decrease from the 2022 rates of 0.14% of the first $151,900 in covered wages, with the maximum contribution of $212.66. Employers are not required to contribute to FLI benefits.

New Jersey Family Leave Act (NJ FLA)

Update (8/16/22): details of the NJFLA are required to be provided to employees on a yearly basis via a specific notice. See the “Notice Requirements” section below for a link to the notice that needs to be provided to employees. Employers can provide the notice to employees in a number of ways, such as including it as a paycheck insert, providing it to new hires, attaching it to an employee manual or policy handbook, as a flyer distributed at an employee meeting, by email; and via an internet or intranet site, provided that all employees have access, and the employer customarily posts notices to affected employees or other affected individuals on the site. The Larkin Company recommends simply including the notice within your handbook.

Handbook/Policy Updates

Updates to your company handbook may need to be made if you include New Jersey state-specific income replacement benefits information. 

Notice Requirements

Employers are required to post form PR1 and PR2 in a conspicuous location – see below for a link to the PR1 and 2 forms:

The updated NJFLA law poster, referred to above (see the 8/16/22 update), can be found here:

Larkin Action

The Larkin Company will consider any law changes carefully, and update our internal resources and processes, as well as our employee leave information packets, if necessary.

Further Company Considerations

Please ensure as a company you are offsetting any salary continuation/company top-up pay aligned with the updated weekly benefit rate maximum, effective 2023. Note: claims that begin after this date are eligible for the new benefit rate. The Larkin Company will adjust offsets for any top-up (leave of absence pay) calculations or STD, accordingly, if we handle these services for you.

Please also be sure to adjust your contributions in line with the updates, effective 2023.

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The Larkin Company has taken reasonable steps to ensure the accuracy of the information on this page, however we make no representation or warranty of any kind as to its accuracy or completeness. These resources should not be construed or substituted for legal advice. Accordingly, before taking any actions based upon such information provided herein, we encourage you to seek competent legal advice from a licensed attorney or appropriate professionals.