New Jersey Family Leave Laws 2026
Last updated: · Source: New Jersey labor department
New Jersey · Leave Laws 2026
Federal FMLA
Applies (50+ employees)
State Leave Law
New Jersey Family Leave Act
State Employer Threshold
30+
Paid Family Leave
New Jersey Family Leave Insurance — up to $1,119/wk
Bereavement Leave
No mandatory law
FMLA in New Jersey: Federal Leave Protections
Federal FMLA applies to every qualifying employee in New Jersey the same way it applies nationwide: up to 12 weeks of unpaid, job-protected leave for employees who've worked 12+ months and at least 1,250 hours for an employer with 50+ employees within 75 miles.
New Jersey Family Leave Act (NJFLA): State Job Protection
New Jersey's New Jersey Family Leave Act (NJFLA) extends job-protected leave to more workers than federal FMLA alone: it applies to employers with as few as 30 employees, versus the federal threshold of 50. Eligible employees can take up to 12 weeks of leave. Drops to 15 employees effective July 17, 2026 under recent NJFLA amendments (signed January 17, 2026).
Eligibility test: 12 months employed + 1,000 hours (lower than federal's 1,250) at employers with 30+ employees. Drops to 3 months + 250 hours at 15+ employees effective July 17, 2026. This is different from federal FMLA's 12-month + 1,250-hour test — don't assume the federal rule applies here.
New Jersey Family Leave Insurance (NJ FLI): Pay During Leave
New Jersey Family Leave Insurance pays eligible workers approximately 85% of their wages, up to $1,119/week, for up to 12 weeks . The program has been in effect since 2009-07-01.
| Weeks available | 12 |
| Wage replacement | 85% |
| Max weekly benefit | $1,119 |
| Covers bonding with a new child | Yes |
| Covers caring for a family member | Yes |
| Covers military family leave | No |
Apply through the official NJ FLI site ↗ Estimate your weekly benefit →
New Jersey Bereavement Leave: What NJ Law Requires
New Jersey has no law requiring employers to provide bereavement leave. Most employers offer 3–5 days as a matter of policy, not legal obligation — check your employee handbook for your specific employer's bereavement policy.
How NJFLA, NJ FLI & FMLA Work Together
When a leave qualifies under both federal FMLA and New Jersey Family Leave Act, the two run concurrently — counting against both entitlements at the same time — and the employee gets whichever protection is more generous on each specific point (employer size, weeks, covered relationships).
Frequently Asked Questions
NJ Family Leave Insurance pays 85% of your average weekly wage, up to $1,119 per week, for up to 12 weeks. The program is funded through employee payroll contributions. You can also receive Temporary Disability Insurance for your own pregnancy or health condition.
NJFLA (New Jersey Family Leave Act) provides job protection — your employer must hold your job for up to 12 weeks. NJ FLI (Family Leave Insurance) provides wage replacement — partial pay during your leave. They are separate programs that work together: NJFLA protects your job, NJ FLI pays you.