New Jersey maternity leave and paid family leave
How paid leave works in New Jersey when you have a baby: weeks for pregnancy and bonding, how much it pays in 2026, whether your job is protected, and how to apply.
Checked October 2026 · 17 sources
Short answer
12 wk
of paid leave to bond with your baby
New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance
$1,119
the most it pays per week in 2026, a ceiling, not a typical benefit
New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance
Apply for paid leave
Claims go to New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance. Tell your employer early.
The rules in New Jersey
YesNew Jersey Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI)
| Pregnancy and recovery, typical | NJ says TDI is usually payable up to 4 weeks before your expected delivery date and up to 6 weeks after birth (8 weeks after a C-section). It can last longer if your provider certifies complications. NJ describes this as typically 10–12 weeks of TDI, followed by up to 12 weeks of FLI bonding. |
|---|---|
| Legal maximum, your own health | 26 weeks |
| Bonding with your baby | Up to 12 weeks |
| Pay | 85% of your average weekly wage, up to a maximum of $1,119/week in 2026 ($1,081 in 2025). The same max applies to TDI and FLI. |
| 2026 weekly maximum | $1,119 (a ceiling, not a typical benefit) |
| Waiting period | TDI has a 7-day 'waiting week'. NJ pays from the 8th day, and pays the first 7 days retroactively once your leave reaches 22 days, which a pregnancy claim normally does. FLI bonding has no waiting period. |
| Job protection | Yes, as of July 17, 2026 (P.L.2025, c.279). If you receive TDI or FLI benefits and your leave isn't already covered by the NJ Family Leave Act, the TDI/FLI law entitles you to your same or an equivalent job when leave ends. There is no minimum employer size or work-history requirement. The NJ Family Leave Act (12 weeks of job-protected bonding leave in 24 months) now covers employers with 15+ employees, down from 30+, and employees with 3 months and 250 hours on the job, down from 12 months and 1,000 hours. Federal FMLA (50+ employees, 12 months, 1,250 hours) can also protect pregnancy and childbirth recovery. |
| Who qualifies | For 2026 claims you must have worked 20 base weeks earning at least $310/week, or earned at least $15,500 total, in the base year (first 4 of the last 5 completed quarters). Most NJ private and public employees are covered. Federal employees, out-of-state employees, and contractors who aren't employees are not; local government is optional for TDI. TDI can be paid by the state or by your employer's approved private plan. FLI bonding must be used within the child's first year. |
| Paying since | July 1, 2009 |
Checked October 2026. Benefit amounts usually change January 1 and July 1, so confirm with New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance before you plan. Job protection often comes from a different law than the pay; the job protection row says which.
Apply for TDI after you stop working and your provider certifies you're unable to work, within 30 days of starting leave. After delivery, return Form P30 so NJ can send the FL2 for bonding. FLI bonding can be 12 consecutive weeks or 56 individual days (8 weeks) within the baby's first year. Both parents can each claim FLI. There is no combined cap: TDI (up to 26 weeks) and FLI (12 weeks) are separate. NJ's maternity FAQ confirms a mother who exhausts TDI before birth can still get up to 12 weeks of FLI. Your total TDI dollars are capped at the 'maximum benefit amount' on your approval notice, which can be less than 26 full weeks. 2026 changes effective July 17, 2026: TDI/FLI job protection, the lower NJFLA thresholds, and you may choose the order of NJ Earned Sick Leave vs. TDI/FLI but can't receive both at once. NJDOL says rulemaking may still change procedures. Some sources say the NJ Family Leave Act threshold will drop further in 2027 and 2028, but the enacted law and NJDOL's guidance show only the 15+ threshold. NJDOL hadn't published the 2027 maximum as of October 2026.
Sources: New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance; New Jersey Legislature; National Partnership for Women & Families; Mercer Law & Policy Group. Data as of October 2026.
Questions about maternity leave in New Jersey
How long is maternity leave in New Jersey?
NJ says TDI is usually payable up to 4 weeks before your expected delivery date and up to 6 weeks after birth (8 weeks after a C-section). It can last longer if your provider certifies complications. NJ describes this as typically 10–12 weeks of TDI, followed by up to 12 weeks of FLI bonding. New Jersey Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) pays up to 12 weeks to bond with your baby. The legal maximum for your own health condition is 26 weeks.
How much does New Jersey paid family leave pay?
85% of your average weekly wage, up to a maximum of $1,119/week in 2026 ($1,081 in 2025). The same max applies to TDI and FLI. The weekly maximum in 2026 is $1,119, a ceiling rather than a typical benefit.
Is my job protected while I'm on leave in New Jersey?
Yes, as of July 17, 2026 (P.L.2025, c.279). If you receive TDI or FLI benefits and your leave isn't already covered by the NJ Family Leave Act, the TDI/FLI law entitles you to your same or an equivalent job when leave ends. There is no minimum employer size or work-history requirement. The NJ Family Leave Act (12 weeks of job-protected bonding leave in 24 months) now covers employers with 15+ employees, down from 30+, and employees with 3 months and 250 hours on the job, down from 12 months and 1,000 hours. Federal FMLA (50+ employees, 12 months, 1,250 hours) can also protect pregnancy and childbirth recovery.
Who qualifies in New Jersey?
For 2026 claims you must have worked 20 base weeks earning at least $310/week, or earned at least $15,500 total, in the base year (first 4 of the last 5 completed quarters). Most NJ private and public employees are covered. Federal employees, out-of-state employees, and contractors who aren't employees are not; local government is optional for TDI. TDI can be paid by the state or by your employer's approved private plan. FLI bonding must be used within the child's first year.
How does it work with FMLA?
The federal Family and Medical Leave Act (FMLA) gives eligible workers up to 12 weeks of unpaid, job-protected leave in a 12-month period for a birth and to care for the newborn, or for their own serious health condition, including pregnancy complications and recovery from childbirth. Health coverage continues during leave, and you return to the same or an equivalent job.
Sources
- 1.When You're Pregnant or Just Had a Baby New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance. Accessed October 9, 2026.
- 2.Family Leave Insurance New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance. Accessed October 9, 2026.
- 3.When You're Sick, Injured, or Post-Surgery (Temporary Disability Insurance) New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance. Accessed October 9, 2026.
- 4.FAQ: Maternity Leave Coverage New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance. Accessed October 9, 2026.
- 5.The Waiting Week for Temporary Disability, Explained New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance. Accessed October 9, 2026.
Show all 17 sourcesShow fewer sources
- 6.NJ Expands Job-Protected Leave for Workers (effective July 17, 2026) New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance. Accessed October 9, 2026.
- 7.Paid leave and job protection New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance. Accessed October 9, 2026.
- 8.P.L.2025, c.279 (A3451), approved January 17, 2026 New Jersey Legislature. Accessed October 9, 2026.
- 9.Combined Annual Activity Report for 2024: Family Leave Insurance and Temporary Disability Insurance New Jersey Department of Labor and Workforce Development, Division of Temporary Disability and Family Leave Insurance. Accessed October 9, 2026.
- 10.State Paid Family & Medical Leave Insurance Laws (chart, April 2026) National Partnership for Women & Families. Accessed October 9, 2026.
- 11.State paid family and medical leave contributions and benefits (Feb. 6, 2026) Mercer Law & Policy Group. Accessed October 9, 2026.
- 12.29 CFR 825.100 The Family and Medical Leave Act Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
- 13.29 CFR 825.104 Covered employer Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
- 14.29 CFR 825.110 Eligible employee Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
- 15.29 CFR 825.200 Amount of leave Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
- 16.29 CFR 825.214 Employee right to reinstatement Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
- 17.Family and Medical Leave Act (FMLA) U.S. Department of Labor. Accessed October 9, 2026.