Amendments To The New Jersey Family Leave Act on July 17, 2026

The New Jersey Department of Labor, Division of Temporary Disability and Family Leave Insurance Benefits issued FAQs on the recent amendments to the New Jersey Family Leave Act (NJFLA), which are effective on July 17, 2026. The FAQs explain new and extensive job protections under the amendments, which impact every employer in the State.  While this blog summarizes key points, it also quotes largely from the FAQs, so NJ employers can read the exact language from the NJDOL.

The NJFLA And NJFLA Amendments

The NJFLA allows employees to take 12 weeks of job protected leave in a 24-month period to care for a family member with a serious health condition or to bond with a newly born or adopted child. The amendments reduce the threshold for employer coverage under the NJFLA, from 30 to 15 employees. To be eligible for this leave, under the amendments, employees must only work 250 hours (formerly 1,000 hours) in the 12 months preceding their need for leave. Employees with three months of employment (formerly 12 months) are now eligible for job-protected NJFLA leave.

Job Protection Under The NJFLA Amendments

The amendments also require job protection for employees taking Family Leave Insurance (FLI) or Temporary Disability Insurance Benefits (TDB).  The FAQs clarify the scope of this job protection.

• FLI and TDB Provide Job Protected Leave, Separate And Apart From The NJFLA.

The FAQ's clarify:

“If your employee is receiving Temporary Disability Insurance (TDI) or Family Leave Insurance (FLI) benefits from the State or through a private insurance plan as of July 17th, 2026, they are eligible for job protection, even if this period of leave commenced prior to July 17th, 2026. This is a separate job protection right from the reinstatement rights provided under the New Jersey Family Leave Act (NJFLA) and federal Family & Medical Leave Act (FMLA).  Job protection under TDI/FLI applies to employees who qualify for TDI or FLI benefits during a period of unpaid leave, but where the leave is not covered under NJFLA or FMLA.

Job protection entitles your employee to be reinstated to their same job after their period of leave, or reinstated to a job with the same pay, benefits, seniority, and other terms of employment as the job they held prior to the leave.

Unlike job protection coverage under the NJFLA or FMLA, there are no minimum employer size requirements or work history requirements to be eligible for job protection while on unpaid leave during which the employee is receiving TDI or FLI benefits. Monetary eligibility for TDI and FLI benefits is based on recent earnings.”

• If An Is Receiving FLI, Even After Previously Exhausting Their FMLA/NJFLA, The Employee Still Qualifies For Job Protection

The FAQ’s explain:

“If an employee has exhausted their NJFLA or FMLA job protection from a previous period of leave but is now receiving benefits again during a period of unpaid leave, they will still qualify for job protection under the TDI/FLI law.”

• Employers With Under 15 Employees Must Still Comply With FLI’s Job Protections

The FAQs provide:

“As of July 17th, 2026, employees who do not qualify for job protection under NJFLA or FMLA are eligible for job protection if they are on unpaid leave and receiving TDI or FLI benefits from the State or through a private insurance plan. There are no minimum employer size requirements or work history requirements to be eligible for job-protected leave under the TDI/FLI law. (emphasis added).  Eligibility for TDI/FLI benefits is based on recent earnings. 

If an employee is eligible to receive TDI or FLI benefits, they have a right to reinstatement in their same job after their period of leave, or to be reinstated to a job with the same pay, benefits, seniority, and other terms of employment as their prior job.” 

• Employers Must Assume That Their Employees Are Eligible For FLI/TBD Job Protections While Their Applications For Benefits Are Pending

The FAQ’s explain:

“Their [An employee’s] job could be protected under the NJ Family Leave Act (NJFLA) or Federal Family & Medical Leave Act (FMLA). If they are not covered under NJFLA or FMLA, they could be covered under TDI/FLI job protection. While they’re waiting for a decision on benefits, you must assume they will be eligible for benefits and protect their job until a determination has been made otherwise.”

What do the FAQs mean for NJ employers?

First, if you haven’t updated your NJFLA/FLI/TDI policies, now is the time.  Second, it is critical to start thinking of staffing contingencies.  If employees can stack NJFLA/FLI, who will service customers, build products, or perform services?  Employers must take inventory now of workloads, customer expectations, and staff availability, to arrive at a plan for how to get the work done. There’s a lot more questions about how the NJFLA amendments will impact employers, but the FAQs provide the first insight into the extensive transformation required for workplace compliance.  If you need help navigating through compliance with the amendments, contact firm please contact Brigette N. Eagan, Esq., Chair of the Human Resources Law and Compliance Group via email here.