New Jersey Family Leave Insurance (FLI): Paid Leave Guide

Quick Answer: New Jersey Family Leave Insurance (FLI) provides up to 12 weeks of paid leave at 85% of your average weekly wage for bonding with a new child or caring for a seriously ill family member. Most employees are eligible. File claims with the Department of Labor.

FLI makes family leave affordable.

What Is FLI?

State-Run Insurance Program

FLI provides:

• Wage replacement during leave
• Up to 12 weeks of benefits
• 85% of average weekly wage
• Maximum weekly benefit cap

Funded by Employees

How it works:

• Payroll deductions fund program
• Automatic for most workers
• State manages claims
• No cost to employers

Separate from Job Protection

Important distinction:

• FLI provides money
• NJFLA provides job protection
• Use together for best coverage
• FMLA also may apply

Eligibility

Who Qualifies

Eligible if:

• Worked 20 weeks earning $260+/week, OR
• Earned $13,000+ in base year
• Most employees qualify
• Part-time workers included

Base Year

Calculation period:

• First 4 of last 5 completed quarters
• Before claim filed
• Earnings determine benefit

Not Covered

May not qualify:

• Federal employees
• Some self-employed
• Insufficient earnings
• Recent employment only

Qualifying Reasons

Bonding with New Child

Covers:

• Birth of child
• Adoption
• Foster care placement
• Within first 12 months

Caring for Family Member

Serious health condition of:

• Child
• Parent
• Spouse
• Domestic partner
• Civil union partner

Not Covered

FLI does NOT cover:

• Your own illness (use TDB instead)
• Routine medical care
• Non-serious conditions

Benefit Amount

Weekly Benefit

Calculation:

• 85% of average weekly wage
• Up to maximum weekly benefit
• 2026 max: approximately $1,055/week

Duration

Up to:

• 12 consecutive weeks, OR
• 56 intermittent days
• In 12-month period

Waiting Period

No waiting period:

• Benefits start immediately
• When approved

How to Apply

File with DOL

Department of Labor:

• Online: myleavebenefits.nj.gov
• Phone: 609-292-7060
• Before or during leave

Required Information

For bonding:

• Proof of birth/adoption
• Dates of leave
• Employer information

For family care:

• Healthcare provider certification
• Family member information
• Care needed

Timing

When to file:

• Up to 60 days before leave
• During leave if needed
• Don't delay unnecessarily

FLI + NJFLA Coordination

How They Work Together

Best combination:

• NJFLA: Job protection (30+ employees)
• FLI: Wage replacement
• Run concurrently
• Comprehensive coverage

Example

New baby scenario:

• FLI: 12 weeks at 85% pay
• NJFLA: 12 weeks job protection
• Take simultaneously
• Return to same job with pay during leave

Small Employer

If employer has <30 employees:

• No NJFLA job protection
• FLI still provides pay
• Consider FMLA if 50+ employees

FLI + FMLA Coordination

When Both Apply

If eligible for both:

• FMLA: Job protection (50+ employees)
• FLI: Wage replacement
• May run concurrently
• Coordinate benefits

Key Differences

FMLA vs FLI:

• FMLA covers your own illness
• FLI does not (use TDB)
• Different eligibility rules
• Different employer thresholds

Temporary Disability Benefits (TDB)

For Your Own Illness

When you're sick:

• Use TDB, not FLI
• Same percentage (85%)
• Same application process
• Different qualifying reason

Pregnancy

Special situation:

• TDB for pregnancy disability period
• FLI for bonding after
• Can combine for longer leave

Intermittent Leave

How It Works

Can take:

• Up to 56 intermittent days
• Instead of 12 consecutive weeks
• Minimum 1-day increments
• For qualified reasons

When Useful

Consider for:

• Ongoing treatment
• Part-time care needs
• Flexibility required

Common Scenarios

Scenario 1: New Baby

Situation: Want paid leave for newborn.

Process: File FLI claim, provide birth certificate. Receive 85% pay for up to 12 weeks.

Scenario 2: Sick Parent

Situation: Need to care for parent with cancer.

Process: File FLI, provide healthcare certification. Receive benefits while providing care.

Scenario 3: Adoption

Situation: Adopting child, need bonding time.

Process: FLI covers adoption. File within first 12 months of placement.

Scenario 4: Intermittent Care

Situation: Parent needs ongoing treatment, occasional care.

Process: Use intermittent FLI. Up to 56 days in 12-month period.

Employer Obligations

Cannot Deny Leave

Employer must:

• Allow leave for FLI
• Continue benefits
• Not retaliate

Notice Requirements

You should:

• Provide reasonable notice
• 30 days if foreseeable
• As soon as practical if not

Appeals Process

If Claim Denied

Steps:

• Receive denial notice
• File appeal within 7 days
• Hearing scheduled
• Decision made

Common Denial Reasons

May be denied for:

• Insufficient earnings
• Non-qualifying reason
• Missing documentation
• Procedural issues

Tax Implications

Benefits Are Taxable

Tax treatment:

• FLI benefits are income
• Subject to federal tax
• NJ does not tax
• No automatic withholding

Plan Accordingly

Consider:

• Set aside for taxes
• Adjust W-4 if needed
• Consult tax advisor

Frequently Asked Questions

How much does FLI pay?

85% of your average weekly wage, up to maximum (approximately $1,055/week in 2026).

Is FLI job-protected?

FLI provides pay, not job protection. Use NJFLA or FMLA for job protection.

Can I use FLI for my own illness?

No. Use TDB (Temporary Disability Benefits) for your own illness.

How do I apply?

File online at myleavebenefits.nj.gov or call 609-292-7060.

Related Topics

• New Jersey Leave Laws
• New Jersey FMLA Guide
• New Jersey Employment Law Hub

Take Action

To file FLI claim:

1. Confirm eligibility
2. Gather required documentation
3. File online or by phone
4. Provide employer notice
5. Coordinate with job protection leave

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Legal Disclaimer

This article provides general information about New Jersey FLI and is not legal advice. For specific advice, consult a licensed New Jersey employment attorney.

For official information:

• NJ DOL: https://myleavebenefits.nj.gov | 609-292-7060