What maternity disability is in New Jersey

New Jersey's maternity disability program is a state insurance system that replaces part of your income when you cannot work because of pregnancy, childbirth, or recovery from childbirth. It is separate from federal disability programs and is run by the New Jersey Department of Labor and Workforce Development. The program pays you directly—not your employer—for a set number of weeks.

The program covers the period before delivery (usually up to four weeks before your due date) and the period after delivery (usually six to eight weeks, depending on how you gave birth). You do not have to prove you are permanently disabled. You only have to show that your doctor says you cannot work during this specific time.

This is not the same as the federal SSDI program. Maternity disability is temporary, covers only pregnancy and recovery, and is funded through payroll deductions from your wages. Most private employers in New Jersey are required to carry this insurance, though some small employers and government workers are exempt.

Key Takeaways

  • New Jersey maternity disability replaces part of your wages for four to eight weeks around childbirth, depending on your medical situation and how you gave birth.
  • You must file a claim with the New Jersey Department of Labor within 30 days of the date you stop working, and your doctor must complete a medical certification form.
  • The program pays a percentage of your average weekly wage, up to a state maximum that changes each year.
  • Your employer cannot fire you for taking maternity disability, and the time you take does not count against your job protection under the Family and Medical Leave Act.
  • If your employer does not carry the required insurance, you can file a complaint with the Department of Labor.

Who can receive maternity disability in New Jersey

You must be a New Jersey resident and must have earned wages in New Jersey during the year before you file your claim. You do not have to be a citizen. You do not have to have worked for the same employer for any minimum length of time, though you must have earned enough wages to meet the program's threshold.

The program covers pregnancy, childbirth, and recovery from childbirth. It also covers miscarriage, stillbirth, and termination of pregnancy if your doctor certifies that you cannot work. You must have a doctor's statement saying you are unable to work during the period you are claiming.

If you are self-employed, you can choose to participate in the New Jersey Temporary Disability Insurance program, which includes maternity coverage. If you do not participate, you are not covered.

How much money you receive

The program replaces two-thirds of your average weekly wage, up to a maximum amount set by the state each year. The maximum changes annually. For the most current maximum, you will need to check the New Jersey Department of Labor website or call their claims line.

Your average weekly wage is calculated based on the wages you earned in the highest quarter of the year before you file your claim. If you earned less than the state minimum, your benefit is calculated on what you actually earned.

You receive payments every two weeks once your claim is approved. Payments are sent by check or direct deposit, depending on how you set up your account. The state does not withhold taxes from maternity disability payments, but you may owe taxes on the money when you file your annual return.

How to file a maternity disability claim

You must file your claim within 30 days of the date you stop working. You can file online through the New Jersey Department of Labor website, by mail, or by phone. Filing online is usually the fastest route.

When you file, you will need to provide your Social Security number, your employer's name and address, the date you stopped working, and your expected return-to-work date. You will also need to provide your bank account information if you want direct deposit, or a mailing address if you want a check.

Your doctor must complete a medical certification form that states the dates you cannot work and the reason (pregnancy, childbirth, or recovery). You can get this form from the Department of Labor website or from your doctor's office. Your doctor must sign and date the form and return it to you. You then submit it with your claim or mail it directly to the Department of Labor.

After you file, the Department of Labor will review your claim and send you a notice by mail. If your claim is approved, payments usually begin within two to three weeks. If your claim is denied, the notice will explain why and will tell you how to appeal.

How long you can receive maternity disability

The length of time you can receive benefits depends on your medical situation. If you had a vaginal delivery with no complications, you can receive benefits for up to six weeks after delivery. If you had a cesarean section or other surgical delivery, you can receive benefits for up to eight weeks after delivery.

Before delivery, you can receive benefits for up to four weeks before your due date if your doctor certifies that you cannot work. Some women receive benefits for fewer weeks if they return to work sooner or if their doctor says they can work longer into pregnancy.

You cannot receive maternity disability benefits and regular unemployment benefits at the same time. If you are also receiving workers' compensation, your maternity disability payment may be reduced.

What happens to your job while you are on maternity disability

Your employer cannot fire you, demote you, or reduce your pay because you take maternity disability. Your job is protected by New Jersey law. When you return to work, you must be restored to the same job or an equivalent job with the same pay and benefits.

The time you spend on maternity disability counts as unpaid leave under New Jersey's Temporary Disability Insurance law. It does not count against your job protection under the federal Family and Medical Leave Act (FMLA), which means you may have additional unpaid leave available after your maternity disability ends if your employer is covered by FMLA.

You should notify your employer in writing that you are taking maternity disability and provide your expected return-to-work date. Keep a copy of this notice for your records. If your employer retaliates against you for taking maternity disability, you can file a complaint with the New Jersey Department of Labor.

What to do if your claim is denied

If the Department of Labor denies your claim, you will receive a written notice explaining the reason. Common reasons for denial include filing more than 30 days after you stopped working, not providing a complete medical certification, or not meeting the wage requirement.

You have 20 days from the date on the denial notice to file an appeal. You can appeal by mail or online through the Department of Labor website. When you appeal, you can submit additional documents, such as a corrected medical certification or proof of wages, and you can explain in writing why you believe the decision was wrong.

If you appeal, your case will be reviewed by a hearing officer. You can attend the hearing in person, by phone, or by video, depending on what the Department of Labor offers. You can bring documents, witnesses, or a representative to the hearing. If the hearing officer upholds the denial, you can appeal further to the New Jersey Unemployment Insurance Appeals Board.

Frequently Asked Questions

Can I receive maternity disability if I work for the federal government or a school?

Federal employees and most school employees are not covered by New Jersey's Temporary Disability Insurance program. However, some school employees and certain government workers may have their own disability insurance through their employer. Check with your employer's human resources department to find out what coverage you have.

What if I want to return to work before my benefits end?

You can return to work at any time. Once you return to work, you stop receiving maternity disability payments. If you return part-time or earn some wages while still recovering, you may still be able to receive partial benefits, but you must report your earnings to the Department of Labor.

Do I have to pay back maternity disability if I do not return to work?

No. Maternity disability is an insurance benefit, not a loan. You do not have to repay it if you decide not to return to your job or if you change jobs. However, if you received overpayments because you did not report earnings or other income, the Department of Labor may ask you to repay the overage.

Can my employer see my medical information?

Your employer receives notice that you are on maternity disability and your expected return-to-work date, but they do not receive your medical records or the specific reason for your leave. Your doctor's certification goes to the Department of Labor, not to your employer. Your medical information is confidential.

What if I have complications after delivery and need to extend my benefits?

If your doctor certifies that you need additional time to recover, you can file a request to extend your benefits. You must submit a new medical certification from your doctor explaining why you cannot return to work. The Department of Labor will review the request and decide whether to approve the extension.