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 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.
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
FMLA leave is available for the following purposes:
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.
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.
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.
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.
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.
NJFLA leave is available for the following purposes:
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.
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,
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’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.
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]
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.
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.