Maternity Leave: Temporary Disability Insurance, Family Leave Insurance & Job Protection

New Jersey has two wage-replacement programs and a separate set of job-protection laws. Temporary Disability Insurance (TDI) replaces wages while you are medically unable to work because of pregnancy and childbirth. Family Leave Insurance (FLI) replaces wages while you bond with your new baby. Job protection — the right to your job when you come back — is a separate question from getting paid.

Recovery time and bonding time are paid through different programs with different rules, and being paid does not automatically mean your job is held. Knowing which one you are on, and whether you are protected, changes what you ask your employer for.

For 2026 the TDI/FLI earnings test is generally 20 weeks of work at $310 or more per week, or $15,500 or more in the base year. New Jersey Family Leave Act job protection generally applies at employers with 15 or more employees, after 3 months and 250 hours. FMLA has its own separate eligibility rules. As of July 17, 2026 New Jersey expanded job protection for workers receiving TDI or FLI who were not already protected under the NJ Family Leave Act or FMLA.

TDI for a usual pregnancy generally covers up to 4 weeks before your due date and 6 weeks after a vaginal birth or 8 weeks after a C-section, and longer if your provider medically certifies it. FLI provides up to 12 consecutive weeks, or 56 intermittent days, of bonding leave within the first year. In 2026 both pay 85% of your average weekly wage up to $1,119 per week. NJ Family Leave Act job protection is up to 12 weeks in a 24-month period for bonding or caregiving, and is job protection rather than pay.

TDI covers your medical disability period around birth. FLI bonding leave must be taken within the first year, as up to 12 consecutive weeks or 56 intermittent days. TDI has a 7-day waiting week, paid retroactively once you have been out for 22 days of unpaid disability; FLI has no waiting period.

These are wage-replacement benefits, not bills. TDI and FLI pay 85% of your average weekly wage in 2026, capped at $1,119 per week, so expect less than your full pay.

File your TDI claim within 30 days of the start of leave; your medical provider's certification is required. File FLI within 30 days as well, and follow the bonding notice process that comes after your TDI period.

Your provider's medical certification for TDI, your employment and wage information, and the bonding claim information for FLI.

Wage replacement and job protection are separate. Receiving TDI or FLI does not by itself mean your employer is covered by the NJ Family Leave Act or FMLA, though the July 17, 2026 expansion added job protection for workers on TDI/FLI who were not already protected. TDI's waiting week is not paid until you have been out for 22 days of unpaid disability.

TDI and FLI usually run one after the other: recovery first, then bonding. NJ Family Leave Act and FMLA job protection can run alongside them. Health coverage such as NJ FamilyCare is a separate system entirely.

Claims and status go through the Department of Labor's MyLeaveBenefits site. For job protection and how leave is counted at your workplace, ask your employer's human resources office.

The Department of Labor publishes its maternity leave, TDI, and FLI guidance on MyLeaveBenefits; ask about language assistance when you file if you need it.

If you do not meet the TDI/FLI earnings test, ask your employer about paid time off, sick leave, employer disability or parental leave, and whether any job-protection law covers you.