Do i have to use vacation time before short term disability in nj

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What's new with Family Leave Insurance and
Temporary Disability Insurance?

As of July 1, 2020, eligible New Jersey workers can take more time off to bond with a new child or care for a loved one, and collect higher benefit amounts than before.

More time for Family Leave: NJ workers can now get up to 12 consecutive weeks of benefits per year to bond with a new child or care for a loved one.

Higher benefit amounts for both Family Leave and Temporary Disability: NJ workers can now get up to 85% of their average weekly wage, up to a maximum set per calendar year, to bond with a new child or care for a loved one, as well as for pregnancy, childbirth or a serious health condition.

Scroll down for more details on these changes, as well as others that have been implemented over the last few years. Click here to print a timeline of these changes.

Here are some highlights of what's changed:

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More time to bond with a new child or care for a loved one

Workers will now be able to claim up to 12 consecutive weeks of Family Leave Insurance benefits during a 12-month period (up from six weeks) to bond with a new child or care for a loved one. Workers who take intermittent days will be able to claim benefits for up to 56 days (up from 42 days).

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Increased weekly benefit rate and maximum

As of July 1, 2020, the maximum weekly benefit rate for both programs will be calculated at 85% of a worker's average weekly wage, up to a maximum set per calendar year. Only workers with a first day of leave on or after July 1 are eligible for increased benefits.

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You can care for more loved ones

Family structures are diverse and caregiving responsibilities reflect that. You can receive Family Leave Insurance benefits to care for your loved ones – a child, spouse, parent, or domestic partner as well as parents-in-law, siblings, grandparents, grandchildren, any blood relative, plus anyone else with whom you have a close, family-like relationship.

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You don’t have to reduce your Family Leave Insurance benefit amount by using paid time off

Before, if you had paid time off available through your job, your employer could require you to bundle those company-paid days off intoyour leave time, reducing the amount of Family Leave Insurance benefits for which you could qualify. Now, you can choose to take company-paid time off in addition to the maximum duration of Family Leave Insurance benefits to which you are entitled.

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Survivors of domestic or sexual violence and their caregivers are both eligible for Family Leave Insurance benefits

When a survivor or their caregiver needs to take time off from work to attend to matters relating to the domestic violence or sexual assault, such as treatment, counseling, or legal proceedings, they can receive Family Leave Insurance benefits. Click here for more information.

Workers can now claim up to 12 consecutive weeks of Family Leave Insurance benefits during a 12-month period to bond with a new child or care for a loved one (up from six weeks). Workers who take intermittent days will be able to claim benefits for up to 56 days, up from 42 days. (As of July 1, 2020)

The maximum weekly benefit rate will be calculated at 85% of a worker's average weekly wage, up to a maximum set per calendar year. (As of July 1, 2020)

Only workers whose first day of leave is on or after July 1 are eligible for the increased benefits. On the Family Leave application, this is requested as “the date your family leave began."

Before, you could only receive benefits while caring for a child (up to age 18), parent, spouse, or civil union partner.

As of February 19, 2019, the definition of "family member" covers more loved ones, including:

• children of any age
• parents-in-law
• siblings
• grandparents
• grandchildren
• domestic partners
• any other individuals related by blood
• any other individuals with whom you have the equivalent of a family relationship

You can now claim Family Leave Insurance benefits to bond with a newly placed foster child. (As of February 19, 2019)

Workers can now claim Family Leave Insurance benefits for time off from work to attend to matters related to domestic or sexual violence, such as treatment, recovery, counseling, or to prepare for legal proceedings. (As of February 19, 2019) Click here for more information.

Workers with more than one job will have the option to take leave from one employer while continuing to work for another, as long as they do not exceed their usual work schedule. Their weekly benefit rate will be based only on wages from the employment from which they are taking leave. (As of July 1, 2020)

Employers can no longer reduce the number of days or weeks you can take off from work and claim Family Leave Insurance benefits to care for a family member or bond with a child.

Before, if you had paid time off available through your job, your employer could require you to bundle those company-paid days off into your leave time.

For example, if you had one week of paid vacation time available, and wanted to take 12 weeks off to bond with a newborn, your employer could make you take the first week of that leave as your paid vacation time, leaving you with only 11 remaining weeks to bond and receive Family Leave Insurance benefits.

Now, you can take that paid time off in addition to claiming the maximum allowed Family Leave benefits to which you are entitled. Using the example above, that would mean you could take 13 weeks total - one week as paid vacation time from your employer, and 12 weeks of Family Leave Insurance benefits paid by the state. (As of February 19, 2019)

Bonding increment requirements have changed and you can now take it one or more days at a time, up to the maximum days available. (As of February 19, 2019)

Although it still applies for Temporary Disability Insurance, workers who are approved for Family Leave Insurance benefits will not have to wait to be paid for the first week of their leave. (As of February 19, 2019)

Workers who only claim a few days at a time for caregiving or bonding will be paid for those days after a week, even if they don't claim additional days. Previously, if they didn't take additional days within a certain time frame, those first days would not be paid. (As of July 1, 2019)

Starting in 2020, workers will notice higher payroll deductions for Family Leave Insurance. As of January 1, 2020, workers contribute 0.16% of the first $134,900 earned during the calendar year. That means workers who do not earn $134,900 in a year continue to have deductions taken out year round. The most a worker can contribute for 2020 is $215.84. (As of January 1, 2020)

As of January 1, 2021, workers contribute 0.28% on the first $138,200 earned in covered wages during the calendar year. The maximum worker contribution for 2021 is $386.96

The maximum weekly benefit rate will be calculated at 85% of a claimant's average weekly wage, up to a maximum set per calendar year. (As of July 1, 2020) Only workers whose first day of leave is on or after July 1 are eligible for the increased benefits. On the Temporary Disability application this is requested as “the first date you were unable to work."

New Jersey State Employers may require up to 2 weeks of accrued sick time to be used before receiving Temporary Disability Insurance. State employees cannot be required to use their last week of sick time. (As of June 30, 2019)

Starting in 2020, workers will notice higher payroll deductions for Temporary Disability Insurance. As of January 1, 2020, workers contribute 0.26% of the first $134,900 earned during the calendar year. That means workers who do not earn $134,900 in a year continue to have deductions taken out year round.  The most a worker can contribute for 2020 is $350.74. (As of January 1, 2020)

In 2021, workers contribute 0.47% on the first $138,200 earned in covered wages during the calendar year. The maximum worker contribution for 2021 is $649.54. (As of January 1, 2021)

Your first day of Family Leave drives the benefit amount and duration. On the Family Leave application this is requested as “the date your family leave began”. That means, if you started leave on June 30th to care for a loved one or bond with a new child, your claim will be based on previous legislation and you may claim up to 6 weeks of benefits, and collect up to $667 per week. If you start caring or bonding on or after July 1st, your claim is based on new legislation and you have access to a longer benefit duration and higher benefit amount. These claims can receive up to 12 consecutive weeks of benefits or up to 56 individual days, if taking leave on a day-by-day basis.

All claims beginning July 1, 2020 will receive 85% of their average weekly wage up to the maximum set for that calendar year, whether the leave is taken continuously or intermittently.

In order to receive 12 weeks of benefits your leave needs to be taken in one continuous 12 week period. If you take your leave in any other fashion, whether it be a week, a month, or a day at a time, it is viewed as non-continuous leave. Non-continuous claims can receive up to 8 weeks (56 individual days) of benefits.

This situation is viewed as non-continuous leave because you did not take your leave all at once. Non-continuous claims can receive up to 8 weeks (56 individual days) of benefits. Therefore, this parent would have 5 remaining weeks of benefits to claim before the child's first birthday.

Your first day of medical leave drives the benefit amount, not the date you submit your application. On the Temporary Disability application this is requested as “first date you were unable to work." For example, if you are claiming benefits for your own injury or illness as of June 15, 2020 but wait to submit your application until July 1, 2020, your claim will be based on the less generous benefit rate because the first day you were medically unable to work was before July 1, 2020.

No. Your first day of disability drives the benefit amount. If you started your disability leave before July 1, 2020, the entire duration of benefits will be calculated at the previous benefit rate allowed by law (2/3 of your average weekly earnings up to a maximum of $667 per week).

Federal Job Protection Laws

Federal Family and Medical Leave Act (FMLA)

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State Job Protection Laws

New Jersey Family Leave Act (NJFLA)

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Do I have to use vacation time before short term disability in NY?