New Jersey has significantly expanded worker protections under its Temporary Disability Insurance and Family Leave Insurance programmes, with new guidance now published by the state’s Department of Labor.
The New Jersey Department of Labor issued updated guidance on its website and via a Frequently Asked Questions document after amendments to the law took effect on July 17, 2026.
Law firm Sills Cummis & Gross P.C. first flagged the changes in a Client Alert published on July 10, 2026, authored by Jill Turner Lever, Laura E. Bellini, and Patricia M. Prezioso.
The alert noted that the amendments appeared to add job protection rights for employees receiving benefits under TDI for their own health condition or FLI for care of a family member or bonding.
Prior to these amendments, both FLI and TDI were broadly understood as wage-replacement benefits that carried no right to job protection for employees.
The Department of Labor has since confirmed that New Jersey employees now have “expanded job protection when they need time off work to care for themselves or loved ones.”
Crucially, the job protection applies to employees who were already out on leave collecting TDI or FLI benefits as of July 17, 2026, even if their period of leave began before that date.
Unlike many employment protections, this provision applies to employers of all sizes, and employees are not required to have worked for a business for any minimum period before the protection applies, provided they are eligible for TDI or FLI benefits.
Under the updated framework, employees may receive up to 26 weeks of benefits for their own health condition with medical certification, according to the Department of Labor.
For caregiving and bonding leave, employees can receive “up to 12 weeks of benefits in a 12-month period,” with maternity leave combining disability and bonding benefits for up to 22 to 24 weeks in total.
The Department of Labor has also set out restrictions on employers’ use of paid time off to supplement an employee’s TDI or FLI benefits, adding another layer of compliance consideration for businesses.
The amendments are expected to create significant operational challenges, particularly for small businesses that may need to hold positions open for up to six months or longer while an employee draws benefits.
The NJDOL has indicated that additional guidance, regulations, and forms will follow, and employers are advised to review existing policies and ensure compliance with reinstatement requirements without delay.