New Jersey has issued new guidance taking an expansive view of pending amendments to its family leave law – asserting that they created new job protections for individuals receiving benefits under the state’s temporary disability insurance (TDI) and family leave insurance (FLI) program.
Amendments to the New Jersey Family Leave Act (NJFLA), which were signed into law in January and take effect on July 17, expand employee eligibility and employer coverage as follows:
| Current law | Amended law | |
| Employee eligibility: Employees are eligible for NJFLA leave if they have… | – Worked for a covered employer for at least 12 months; and – Worked at least 1,000 base hours during the immediately preceding 12-month period. | – Worked for a covered employer for at least three months; and – Worked at least 250 base hours during the immediately preceding 12-month period. |
| Employer coverage: Employers in New Jersey are covered under the NJFLA if they… | – Employ 30 or more employees for each working day during each of 20 or more workweeks in the current or preceding calendar year. | Employ 15 or more employees for each working day during each of 20 or more workweeks in the current or preceding calendar year. |
The amendments also addressed employee reinstatement rights under New Jersey’s separate TDI and FLI law. However, the exact meaning and scope of the changes to TDI and FLI were unclear. Shortly before the amendments’ July 17, 2026, effective date, the New Jersey Department of Labor and Workforce Development (NJDOL) issued guidance explaining that the amendments provide job protection for employees who receive TDI and FLI benefits.
This guidance does not have the force of law, but it does indicate how the state is likely to interpret and enforce the law. Courts may or may not defer to the NJDOL’s reasoning.
Before the amendments, the TDI and FLI program did not have an explicit job reinstatement guarantee – it only prevented employers from retaliating against employees who received benefits (which included refusing to reinstate an employee). Separately, the NJFLA, as well as the federal Family and Medical Leave Act, provided job reinstatement guarantees. Unlike the TDI and FLI program, however, these laws applied only to certain employers and employees, as shown in the table above
Accordingly, under the old law, if an employee qualified for both TDI or FLI benefits and protection under the NJFLA or the FMLA, the employee would receive job protection. But for an employee who had a short tenure or worked for a small employer (and therefore was not eligible for the protections of the NJFLA or the FMLA), job protection was unavailable.
The guidance says that has changed. In Frequently Asked Questions (FAQs), the state took the position that the amended law creates job protections for employees:
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.
“In the midst of the affordability crisis, it’s more important than ever that we’re able to offer greater protections to New Jerseyans facing a spouse or relative’s medical crisis,” said Attorney General Jennifer Davenport. “The changes announced today offer workers greater reassurance that caring for loved ones doesn’t have to mean risking unemployment.”
