New Jersey Paid Family

New Jersey Paid Family Leave Insurance

New Jersey's Family Leave Insurance law (the New Jersey Paid Family Absence Specification) is a wage replacement law, not an affirmative right to leave.

Covered Employers: All employers that are subject to the New Jersey Unemployment Compensation Law.

Employee Eligibility: An employee is eligible if they meet either one of these criteria during the base year (the 52 weeks preceding the leave):

  • Worked 20 calendar weeks in covered New Jersey employment

  • Earned at least 1000 times NJ minimum wage (currently $7.15/hr)

Entitlement: For leaves commencing on or after July 1, 2020, the entitlement is 12 weeks, or 56 days if taken intermittently, when taken for the following reasons (Note: For leaves prior to July 1, 2020, the entitlement is 6 weeks of continuous leave or 42 days if taken intermittently):

  • Bonding with a newborn child, including one through surrogacy

  • Bonding with a child placed with the employee for adoption or foster care

  • Care of a family member with a serious health condition

  • Per 2019 legislation, employees taking time under the NJ SAFE Act can also get wage replacement benefits under the NJ Family Leave Insurance program ("New Jersey Paid Family" in core)

The list of covered family members is:

  • Child of any age (biological, adopted, foster, step, child born through surrogacy, someone to whom the employee stands in loco parentis)

  • Parent (biological, adoptive, foster, step, in-law, someone who stood in loco parentis)

  • Spouse/Domestic Partner/Civil Union Partner

  • Sibling

  • Grandparent

  • Grandchild

  • Other blood relatives

  • Anyone with a close association to the employee that is the equivalent of a family relationship

Paid: The weekly benefit rate is 2/3 of an employee’s average weekly wage, up to a maximum of $650/week for claims beginning in 2019. For claims beginning in the first half of 2020, the weekly benefit rate continues to be 2/3 of an employee's average weekly wage, but the maximum is $667/week. For claims beginning in the second half of 2020 (July 1, 2020 and onward), the weekly benefit rate will be 85% of the employee's average weekly wage, up to a maximum of $881/week. For intermittent claims, the daily benefit is 1/7 of the weekly benefit rate. For leave commencing on or after July 1, 2020, weekly benefit rate is 85% of the individual's average weekly wage up to a maximum of 70% of the statewide average (to be determined by the State).

Obligation to Provide Certifications or Documents Supporting Need for Leave: Yes

Relationship with other leave: Can run concurrently with Federal FMLA and the New Jersey Family Leave Act (FLA).

Absence Specifications

Concurrency

Amount of Leave provided

  • One 12 week period in a year, or a maximum of 56 intermittent days per year effective July 1, 2020. (Note: Prior to July 1, 2020 the entitlement amount was 6 weeks of continuous time, or 42 days of intermittent time.)

Intake trigger

  • Bonding

  • Adoption Foster Care

  • Care of Family Member

  • Personal Protected Leave (2019 legislative update)

Eligibility Rules

  • As of January 2019, an employee must have worked at least 20 weeks earning $172 or more per week, or earned at least $8,600 in the past 12 months.

  • Parent, Parent In Law, Domestic Partner Civil Union Partner, Spouse, Child, In Loco Parentis, Sibling, Grandparent, Grandchild, Other Blood Relative, Person Equivalent to a Family Member

Calendar

  • Not Specified.

Notes

  • Note that this program does not cover pregnancy or an employee's own illness. If an employee is out of work for pregnancy, New Jersey Paid Family would not begin until after she has given birth, and New Jersey Temporary Disability may provide wage replacement while she recovers from childbirth.