Navigating Family and Medical Leave Policies in New Jersey

Most workers in New Jersey are entitled to family and medical leave, and in many cases, this leave must be paid. This is the result of state and federal laws, including the Family and Medical Leave Act and the New Jersey Family Leave Act. In this article, we’ll examine these statutes as well as New Jersey’s Family Leave Insurance program to help readers employed in New Jersey better understand their rights to paid and/or unpaid leave when they need time off to care for themselves or someone close to them.

The Family & Medical Leave Act

The federal Family & Medical Leave Act (FMLA) provides job-protected leave for eligible workers. This means that after taking leave for reasons covered by the act, employees have the right to return to the same or equivalent job with the same pay, benefits, and conditions of employment.

Who is covered by the law?

The FMLA applies to private employers with at least 50 employees, public employers of all sizes across federal, state, and local levels, and educational agencies like public and private schools, school boards, and school districts. To qualify, employees must

• Have worked for the employer for at least 12 months
• Have worked at least 1,250 hours with that employer over the past 12 months, and
• Work at a location where the company employs 50 or more employees within a 75 mile radius.

What reasons qualify a worker to take FMLA leave?

FMLA leave is available for the following purposes:

• The birth and care of a newborn
• Adoption or foster care of a child
• Care for a spouse, a minor or disabled child, or a parent who has a serious health condition
• The serious health condition of an employee that prevents them from performing essential job Functions

How much protected leave does the FMLA provide?

In most cases, the FMLA provides up to 12 weeks of leave per year. Workers who take leave to care for a current member or recent veteran of the armed forces with a serious illness or injury can qualify for up to 26 weeks of protected leave during a 12-month period. FMLA leave can be taken either all at once or intermittently, as needed.

How do I request FMLA leave?

As soon as you know that you will need FMLA leave, notify your employer. They are required to notify you within five days if you are eligible. If they ask for certification of your health condition, you must provide this before the process can move forward. If at any point in the process, you disagree with your employer’s determination of ineligibility, consult with a qualified employment attorney. They will be able to guide you toward next steps.

Will I get paid during FMLA leave?

It's important to understand that while FMLA offers job protection during the leave period, it does not provide for paid leave. However, employees may elect (or employers may require employees) to use any accrued vacation or sick leave to cover some or all of the leave time. Additionally, New Jersey workers may qualify for state-mandated sick leave or payment through the NJFLI program, discussed below.

You can find more information about the federal law and its requirements on the Department of Labor’s FMLA frequently asked questions page.

New Jersey Family Leave Act

The New Jersey Family Leave Act (NJFLA) provides some additional protections for workers in New Jersey. While similar in some ways to the federal statute, the NJFLA covers a wider swath of workers and includes a broader definition of family. On the other hand, the New Jersey law is focused on providing leave for family issues and does not protect leave for personal medical care.

Who is covered by the law?

The NJFLA applies to private employers with at least 30 employees worldwide as well as state and local government agencies. To be eligible, workers must have been employed by the company for at least one year, providing at least 1,000 hours of labor over the previous 12 months.

What reasons qualify a worker to take NJFLA leave?

NJFLA leave is available for the following purposes:

• To care for or bond with a child within one year of their birth or placement for adoption or foster care
• To care for a family member or someone who is the equivalent of family who has a serious health condition or who has been isolated or quarantined because of suspected exposure to a communicable disease during a state of emergency
• To provide required care for a child whose school or place of care is closed by order of a public official due to an epidemic or other public health emergency

How much protected leave does it provide?

NJFLA provides up to 12 weeks of job-protected leave per 24-month period. As under the FMLA, NJFLA leave can be taken intermittently or all at once, depending upon the needs of the employee’s family.

How do I request NJFLA leave?

An employee can give notice to their employer of their need for NJFLA leave simply by alerting the employer that they need time off for a reason covered by the act. While employers may require such requests to be in writing, oral notification must be accepted in an emergency.

In emergencies, the NJFLA requires employees to simply provide as much notice as possible. Otherwise,

• Employees must provide at least 30 days’ notice to take all 12 weeks of leave consecutively or 15 days’ notice to take intermittent or reduced leave to bond with a new child.
• Employees must provide notice in a “reasonable and practical matter” for 12 weeks’ consecutive leave and provide at least 15 days’ notice for intermittent or reduced leave to care for a family member.

Frequently, leave that qualifies under the NJFLA will run concurrently with FMLA leave, but in some cases, workers can use both consecutively. For example, a pregnant worker could take FMLA leave to care for their own medical issues around pregnancy and childbirth and then take NJFLA leave to care for and bond with their child. If you’re unsure whether to request leave under the FMLA or NJFLA, an experienced employment attorney can help you determine the most beneficial route.

For more information, you can review frequently asked questions about the NJFLA courtesy of the NJ Division on Civil Rights.

New Jersey Family Leave Insurance

New Jersey’s Family Leave Insurance (NJFLI) program provides partial wage replacement for eligible workers to care for loved ones with serious health conditions or bond with a new child in the home.

Who qualifies for NJFLI?

New Jersey employees must meet minimum earning requirements and pay into the program through their employment to qualify for the program. For 2025, workers must have earned at least $303 per week for at least 20 weeks or a total of at least $15,200 during the “base year” for the claim.[1]

How much does NJFLI pay?

Employees can collect up to 85% of their average weekly pay, limited by the current maximum benefit rate, through NJFLI. Average weekly pay is determined using the employee’s earnings history during the base year. For 2025, the maximum benefit rate for NJFLI is $1,081 per week.

While it’s possible to claim NJFLI benefits either for one consecutive 12-week period or intermittently, which route you choose affects the duration of leave that you are entitled to. If you claim benefits intermittently, whether by the week, month, or a day at a time, you are limited to 8 weeks of benefits in a 12-month period.

Do I have to use my accrued paid time off first?

If you have accrued paid vacation, sick, or other paid time off through your employer, they are not allowed to require you to use any part of that benefit prior to collecting NJFLI payments. If you choose to use it, you will receive that pay in addition to NJFLI.

It's important to understand that while NJFLI provides financial benefits, it does not guarantee job protection as do the FMLA and NJFLA. For more details on NJFLI, visit the New Jersey Department of Labor's website’s frequently asked questions about Family Leave Insurance.

As with many aspects of New Jersey employment law, the state’s family leave laws provide additional protections and benefits over federal law alone. However, it’s important to understand how these state and federal statutes interact and navigate them appropriately to ensure you receive the job protection and financial support you’re entitled to.

If you need help understanding your rights to family or medical leave in New Jersey or assistance in asserting those rights, the attorneys at Mark | Lavigne are available to provide expert guidance and representation. To learn more about your rights at work, subscribe to the Mark | Lavigne law firm’s blog.

[1] The base year is defined as the first four of the last five completed quarters prior to the week the leave begins.