EMPLOYER’S ROLE

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Employers must participate in these State public insurance programs and deduct payroll taxes for

employees working in NJ, or employers may choose to provide employees coverage through a private

insurance plan that meets NJ requirements. The federal government is exempt. Temporary Disability

Insurance is optional for local governments (for example, counties, municipalities, and school districts)

but these employers must participate in the State Family Leave Insurance plan or provide a private plan.

Generally, employees that work a signicant amount of time outside of NJ are not covered, but should

still apply to nd out if they are eligible.

We suggest keeping a separate le on each employee receiving Temporary Disability Insurance benets,

and adding the DS-7C received from each benet payment to it. This way you can keep track of the

charges per employee for the life of the claim.

Disclosure of claim information

We may only provide claim information to the employee, unless you are listed as a representative in the

claim application. We reach out to employers for information on an as-needed basis by mailing forms.

Information that we may request from an employer can include:

P Federal employment identication numbers P Paid time off, vacation, or sick time used

P Any intermittent days an employee worked P Employee’s last date of work

P Conrmation of valid wages

unable to work due to a physical or mental health condition or other disability unrelated to their

work, including pregnancy/childbirth recovery and COVID-19.

NJ Family Leave Insurance provides cash benets to employees in New Jersey who are unable

to work because they need to bond with a new child, care for a family member with a physical

or mental health condition (see the generous denition of “family” under the law at

myleavebenets.nj.gov), or handle certain matters related to domestic or sexual violence.

See our employer toolkit for more information at myleavebenets.nj.gov/employerkit.

Paid time off prior to disability and family leave

Employers are not prohibited from requiring employees to use accrued paid time off before claiming

employers cannot require it. If an employee chooses to use paid time off before claiming Family Leave

Insurance benets, it will not reduce the maximum duration of benets to which the employee is entitled.

Is our company/organization chargeable?

For Temporary Disability Insurance claims, benets are charged against the experience rating account of

the last employer the applicant worked for prior to the start of their claim. The law provides no alternate

criteria for liability such as length of employment, if work was considered full- or part-time employment,

amount of earnings, or circumstances surrounding separation with the last employer. For Family Leave

Insurance claims, there is no charge against the employer’s experience rating.

What do I need to know about income taxes?

Temporary Disability Insurance: Year-end statements are available online for employers to download in

Partial return to work for Temporary Disability Insurance

With employer approval, employees who have been unable to work due to a disability can transition back

into the workplace on a partial schedule and still receive partial Temporary Disability Insurance benets

Family Leave Insurance benets for part-time employees

Employees with more than one job may collect Family Leave Insurance benets in relation to leave taken

from work with one employer while continuing to work for another, provided that the employee does not

exceed their usual work schedule in the second job. The employee’s weekly benet rate will be based only

The application

Temporary Disability Insurance can provide cash benets for pregnant parents

when they need to stop working before giving birth and while recovering afterward.

Parents can transition directly from a Temporary Disability Insurance pregnancy-

related claim to a Family Leave Insurance claim to bond with their newborn baby.

Family Leave Insurance is also available for new fathers, and non-birth parents to

bond with their newborn, or newly adopted child or newly placed foster child.

Benets related to COVID-19

An employee may be eligible for Family Leave Insurance benets if their family

member’s healthcare provider certies that the family member needs care due

to COVID-19. In addition, an employee could be eligible for Temporary Disability

your employee may be covered separately under the Federal Family and Medical Leave Act (FMLA), the New

Jersey Family Leave Act (NJFLA), and/or the New Jersey Security and Financial Empowerment (SAFE) Act.

Please note that a parent may take up to 12 weeks of paid or unpaid job-protected FMLA leave for pregnancy

and recovery from childbirth, and then an additional 12 weeks of paid or unpaid job-protected NJFLA leave

to bond with or care for their baby after their doctor certies they are t to return to work or have exhausted

their FMLA leave (whichever is earlier).

Your employee may be eligible for Temporary Disability Insurance and Family Leave Insurance wage

replacement benets regardless of whether they are covered under these laws. In addition, if an employer

retaliates against an employee for taking or seeking to take these benets, the employee has the right to

take private legal action.