Understanding New Jersey Family Leave: What’s Covered and Who Qualifies

Here's an overview of the two programs:

- The New Jersey Family Leave Act (NJFLA), which provides job protection

- Family Leave Insurance (FLI), which provides partial wage replacement during approved leave

While the programs often work together, eligibility and requirements differ for each.

Which employers are covered?

The NJFLA applies to employers with 30 or more employees worldwide. Covered employers must comply with New Jersey’s job-protected leave requirements.

Which employees qualify?

Employees may qualify for NJFLA leave if they:

- Have worked for the employer for at least 12 months

- Have completed at least 1,000 hours during the past 12 months

Eligibility for Family Leave Insurance is separate and based on state earnings and payroll contribution requirements.

What situations qualify for family leave?

Eligible employees may take leave for:

- The birth, adoption, or foster placement of a child

- Caring for a family member with a serious health condition

- Certain quarantine or public health-related caregiving situations

- Caring for a child due to school or daycare closure during a public health emergency

- Certain situations involving domestic or sexual violence under the SAFE Act

How much leave is available?

Under the NJFLA, eligible employees may take up to 12 weeks of job-protected leave within a 24-month period.

Under Family Leave Insurance, eligible employees may receive partial wage replacement for up to 12 weeks within a 12-month period.

Is New Jersey family leave paid?

The NJFLA itself does not require paid leave.

However, eligible employees may receive partial wage replacement through Family Leave Insurance while on approved leave.

Can leave be taken intermittently?

Yes. In certain situations, leave may be taken intermittently or on a reduced schedule, particularly for bonding or caregiving purposes. Documentation and notice requirements may apply.

What happens to benefits and job protection?

Employers must generally maintain health insurance benefits during NJFLA leave.

Eligible employees must also be restored to the same or an equivalent position upon return. Family Leave Insurance alone does not provide job protection.

What notice requirements apply?

Employers must provide written notice of NJFLA and FLI rights at hiring and throughout employment.

Employees should provide advance notice when possible:

- Typically 30 days for foreseeable leave

- Typically 15 days for intermittent leave

If leave is unforeseeable, notice must be given as soon as practicable.

Key takeaway

New Jersey’s family leave framework combines job protection under the NJFLA with wage replacement through Family Leave Insurance. Because each program has separate eligibility and compliance requirements, employers must understand how both work together.

How Brand’s Payroll Can Help

Brand’s Payroll helps employers manage leave compliance across payroll, HR, timekeeping, and employee records—making it easier to track leave, maintain documentation, and stay compliant with confidence.

If you're looking for assistance, get started here.