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Overview of New Jersey Maternity Leave Programs

New Jersey offers maternity leave options through both state and federal laws. The main programs include the Family Leave Act (FLA), Temporary Disability Insurance (TDI), and the federal Family and Medical Leave Act (FMLA). These programs work together to provide job-protected time off and, in some cases, partial income replacement during maternity leave.

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The state's approach differs from many other states because New Jersey provides paid leave through its TDI program, which has been in place since 1948. This means eligible workers can receive a portion of their regular wages while on maternity leave. The FLA, established in 1990, protects your job while you take unpaid leave for family reasons, including childbirth and bonding with a new child.

Understanding which programs you may be able to use is important because they have different rules, time frames, and income replacement levels. Some workers may be covered by multiple programs at the same time, which can extend the total time off available. Federal law through FMLA provides up to 12 weeks of unpaid, job-protected leave for covered workers. New Jersey state law often provides additional protections on top of federal requirements.

The structure of these programs means you'll likely interact with both your employer and the state of New Jersey. Your employer handles the FLA portion and coordinates with your benefits. The state's Department of Labor and Workforce Development manages the TDI program. This guide explains how each program works and what you need to know about them.

Practical Takeaway: New Jersey maternity leave comes from multiple sources. Learning about each program separately—and how they work together—helps you understand your full range of options and plan your leave appropriately.

Temporary Disability Insurance (TDI): Paid Leave Benefits

New Jersey's Temporary Disability Insurance program is one of the most valuable maternity leave benefits available in the state. TDI provides partial wage replacement during a maternity leave period, typically covering about two-thirds of your average weekly wage, up to a maximum amount that changes yearly. For 2024, the maximum weekly benefit is $993. This means if you earn $1,500 per week, you would receive approximately $993 per week while on TDI maternity leave.

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The TDI program covers maternity leave periods of up to four weeks before your due date and up to six weeks after childbirth (or eight weeks for a complicated delivery). These timeframes are set by law and apply to most private sector workers in New Jersey. If you work for a public employer, different rules may apply, so you should check with your HR department about your specific situation.

To receive TDI benefits during maternity leave, you must have worked for your employer for at least one year and have earned at least $7,500 in wages during that year. You also must have been contributing to the TDI fund through payroll deductions—most workers do this automatically without needing to take any action. The contributions are small, typically around 0.14% of your wages.

The process for receiving TDI maternity benefits involves notifying your employer of your pregnancy and expected delivery date, then filing a claim with the New Jersey Department of Labor. Your employer provides the necessary forms. The state processes the claim and begins sending payments to your bank account or by check. Many workers receive their first payment within two to three weeks of filing.

TDI does not provide full wage replacement—you will receive less than your normal paycheck. However, the benefit is significant enough that many workers can cover basic household expenses during the maternity leave period. Some workers use paid time off or vacation days to supplement the TDI benefit and come closer to their normal income.

Practical Takeaway: TDI provides partial income during maternity leave through a program funded by small payroll deductions. Understanding the benefit amount and timeframe helps you budget for your leave period and determine if you need additional financial planning.

Family Leave Act (FLA): Job Protection and Extended Time Off

The New Jersey Family Leave Act provides job protection while you take unpaid leave for family reasons, including the birth of a child. Unlike TDI, which provides income replacement, FLA focuses on keeping your job safe while you're away. FLA provides up to 12 weeks of unpaid leave in a 12-month period for covered reasons including childbirth and caring for a newborn.

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The key protection FLA offers is that your employer cannot fire you, demote you, or take away your benefits while you're on FLA leave. Your health insurance continues during the leave period, though you must still pay your share of premiums. When you return from leave, your employer must restore you to your original job or an equivalent position with the same pay, benefits, and terms of employment.

Not all workers are covered by FLA. Your employer must have at least 50 employees for FLA to apply. If you work for a smaller employer, you may still be covered by the federal Family and Medical Leave Act (FMLA) if your employer has 50 or more employees within 75 miles of your location. Some smaller employers choose to offer their own family leave policies even when not required by law.

The FLA leave period can be used together with TDI maternity benefits. For example, you might receive TDI income replacement for six weeks after childbirth, then take an additional six weeks of unpaid FLA leave. During the unpaid FLA portion, your job remains protected and your health insurance continues. This combination allows many New Jersey workers to take up to 12 weeks away from work.

You must notify your employer of your intention to take FLA leave. This is typically done in writing, and employers usually request this notice at least 30 days before your expected leave date. Your employer will provide you with paperwork explaining your rights and responsibilities under FLA. You should keep copies of all communications with your employer regarding your leave.

Practical Takeaway: FLA protects your job during maternity leave and can be combined with TDI benefits. Understanding the job protection aspect helps you take the time you need without worrying about losing your position or benefits.

Federal Family and Medical Leave Act (FMLA): Rights and Protections

The federal Family and Medical Leave Act provides maternity leave protections for workers at covered employers. FMLA allows eligible workers to take up to 12 weeks of unpaid leave in a 12-month period for the birth of a child and to bond with the newborn. The leave is job-protected, meaning your employer cannot terminate you because you took FMLA leave, and you must be restored to your same or an equivalent position when you return.

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FMLA applies to employers with 50 or more employees. Many New Jersey workers are covered by both FMLA and the state FLA, which means they receive the protections of both laws. When both laws apply, you typically use your leave under whichever law is more protective. In practice, for maternity leave, the state FLA and FMLA work together, and employers coordinate the leave under both laws simultaneously.

To be covered by FMLA, you must have worked for your employer for at least 12 months and have worked at least 1,250 hours in the past 12 months. You must also work at a location where your employer has at least 50 employees within 75 miles. If you meet these requirements, FMLA provides the same job protection that FLA provides, though FMLA leave is unpaid unless you use accrued paid time off.

One important aspect of FMLA is how it interacts with other leave types. Many employers require or allow workers to use accrued vacation, personal days, or sick leave while on FMLA leave. This means your unpaid FMLA leave might be paid if you have accrued time available. Some employers also maintain short-term disability insurance that may apply to maternity leave. You should ask your employer about their specific policy on combining FMLA with other leave types.

During FMLA leave, your employer must maintain your health insurance under the same terms as if you were actively working. If you and your employer share the cost of insurance premiums, you must continue to pay your share, typically through payroll deductions or direct payment to your employer. If you fail to pay premiums, your coverage can be canceled, so it's important to arrange payment before your leave begins.

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