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: 01/28/2026

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 (10/27/25, Effective 01/01/26): The 2026 withholding rates for contributions have been confirmed. For TDI, employees will contribute 0.19% of the first $171,100 in covered wages, with a maximum contribution of $325.09. For Family Leave Insurance (FLI), employees will contribute 0.23% of the first $171,100 in covered wages, with a maximum contribution of $393.53.

Update (01/28/26, Effective 07/17/26): Recently passed, Bill A3451 will amend the FLA leave law, as well as both TDI and FLI, effective 07/17/26.

  • FLA Covered Employee Eligibility: Currently, employees are eligible for FLA once they have at least 12 months of employment and 1,000 hours worked in the 12-month period preceding the leave with their current employer. This will soon be reduced to just 3 months of employment, with only 250 hours worked.
  • FLA Covered Employer Eligibility: Compared to the current 30 employees, employers will only need 15 employees for each working day during 20 or more calendar workweeks within the current or immediately preceding calendar year. Come 07/17/27, this count will reduce to just 10 employees, and again on 07/17/28, the employee count will drop to just 5 employees.
  • TDI/FLI Job Protection: Covered employees taking TDI/FLI will be entitled to job restoration upon expiration of their leave, whether it is the position held when the leave commenced, or to an equivalent position of like seniority, status, employment benefits, pay, and other terms or conditions of employment. In other words, receipt of TDI/FLI will provide the employee with job-protected leave, and employees could potentially receive up to 38 weeks of said job-protected leave within a 12-month period.
  • TDI/FLI and Sick Time Usage: Covered employees who are eligible for both TDI/FLI benefits and earned sick leave will have the option to utilize either, and may select the order in which they are taken. However, employees cannot receive them simultaneously.

At this time, it is unknown whether the Department will update the existing FLA and TDI/FLI posters and notices to reflect these updates, or when. We will keep an eye on further updates and let you know as soon as further information is available. In the meantime, employers should be prepared for updates to their handbooks and policies to align with the updates by their effective date.

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:
https://www.nj.gov/labor/wageandhour/tools-resources/forms-publications/employer-poster-packet/

The updated NJFLA law poster can be found here:
https://www.njoag.gov/wp-content/uploads/2022/07/Family-Leave-Act.pdf

Larkin Action

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.

Further Company Considerations

Please be sure to adjust your contributions in line with the updates, effective 01/01/26. Additionally, please ensure as a company you are offsetting any salary continuation/company top-up pay aligned with the new maximum weekly benefit rate where applicable, effective 01/01/26.*

*Claims that start in 2025 will be awarded 2025 benefit rates. Claims that begin on or after 01/01/26 will be eligible for the new maximum benefit rate.

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Disclaimer

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.