Wednesday, August 5, 2026
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New Jersey
Key Takeaways
Impacted Employers: Employers with employees who are eligible to receive New Jersey Temporary Disability Insurance (TDI) benefits or Family Leave Insurance (FLI) benefits.
Effective Date: July 17, 2026
Summary: Eligible New Jersey employees are entitled to job-protection while receiving TDI benefits and FLI benefits, with reinstatement rights to their job (or an equivalent position) when the benefits end.
Next Steps: Review leave policies and procedures and look for further guidance, regulations, forms, and answers to frequently asked questions from the state.
The Details
The New Jersey Department of Labor has released guidance clarifying that eligible employees are entitled to up to 26 weeks of job protection while collecting TDI benefits and up to 12 weeks of job protection while collecting FLI benefits.
Employers must allow employees to return to their same job, or one with the same pay, benefits, seniority, and other terms of employment.
Note: Eligibility for TDI/FLI is based on recent earnings and there are no minimum employer size requirements or work history requirements with a current employer. Under the guidance, an eligible employee could take up to 38 weeks of leave on their first day of employment without needing to meet FMLA or NJFLA eligibility requirements.
Background
These protections are based on an amendment to the NJ Temporary Disability Law that took effect on July 17, 2026, stating that upon the expiration of TDI/FLI benefits, an employee is entitled to job restoration. See the text of the law for further details.
Next Steps
Review leave policies and procedures and look for further guidance, regulations, forms, and answers to frequently asked questions from the state