What New Jersey Disability Insurance Covers During Maternity Leave
New Jersey's temporary disability insurance (TDI) program covers maternity leave as a disability benefit. If you give birth or have a related medical condition, you can receive weekly cash benefits while you are unable to work — typically for up to four weeks before delivery and up to six weeks after (or eight weeks for a cesarean delivery). The state considers pregnancy and childbirth a temporary disability, the same way it treats surgery or illness.
You do not need to be on bed rest or have complications to receive benefits. The program recognizes that pregnancy itself, and recovery after birth, prevents you from working. Benefits are paid by the state, not your employer, though your employer deducts the insurance premium from your paycheck.
Key Takeaways
- New Jersey TDI covers up to four weeks before delivery and up to six weeks after (eight weeks for cesarean), paid as a percentage of your weekly wage.
- You must file a claim with the state Division of Temporary Disability Insurance, not with your employer, and you need a doctor's certification of your due date or delivery.
- Benefits are reduced if you earn other income during the same week, and they do not cover time you are working or able to work.
- You can file your claim up to 30 days before your due date or within two years after delivery, though filing early prevents delays.
How Much You Receive and How Long It Lasts
New Jersey TDI pays you a percentage of your average weekly wage, up to a maximum amount that changes each year. The benefit rate is typically two-thirds of your weekly wage, though the exact percentage depends on when you filed and the rules in effect at that time. For 2024, the maximum weekly benefit is $993, but most people receive less because it is calculated on their actual earnings.
The duration depends on the type of delivery. For a vaginal delivery, you can receive benefits for up to four weeks before your due date and up to six weeks after. For a cesarean delivery, the post-delivery period extends to eight weeks. You do not have to use all four weeks before delivery — you can work right up until labor begins and still receive the full six or eight weeks after.
If you earn income during a week you receive benefits — whether from your employer, self-employment, or another job — your benefit is reduced by the amount you earned. Weeks in which you work are not paid by the state.
Who Can Receive Maternity Benefits
To receive New Jersey TDI maternity benefits, you must have been working and paying into the system. Most employees in New Jersey are covered automatically; your employer withholds the premium from your paycheck. If you are self-employed, you can choose to participate in the program.
You must also have earned enough in the base period (usually the first four of the last five completed calendar quarters before you file) to meet the state's earnings requirement. The exact amount changes yearly, but it is typically a modest threshold. If you have worked part-time or had gaps in employment, you may still may have access to — the state looks at total earnings, not continuous work.
You do not need to have worked for your current employer for any minimum length of time. If you changed jobs during pregnancy, you can still file as long as you were covered by TDI at some point during the base period.
How to File Your Claim
File your claim with the New Jersey Division of Temporary Disability Insurance, not with your employer. You can file online at nj.gov/labor, by mail, or by phone. The state recommends filing online because it is the fastest route and you receive when ready confirmation.
You will need your Social Security number, driver's license or state ID, employer information (name and address), and your doctor's certification. The certification form (available on the state website) must show your due date or, if you have already delivered, the actual delivery date and type of delivery. Your doctor or midwife fills this out and signs it.
You can file up to 30 days before your due date. Filing early is the safest approach because it gives the state time to process your claim and begin payments on schedule. If you deliver before filing, you have up to two years after delivery to submit your claim, but waiting means a delay in receiving your first payment.
When Payments Begin and What Happens Next
If you file before delivery, the state typically begins paying benefits in the week your due date arrives, even if you have not yet delivered. If you deliver early, payments start the week of delivery. If you file after delivery, there is usually a one-week waiting period before your first payment.
Payments are sent by direct deposit or check, depending on what you choose when you file. Most people receive their first payment within two to three weeks of filing if they submitted all required documents. If your claim is incomplete — for example, if your doctor's certification is missing — the state will contact you to request it.
You do not need to report to work or look for work while receiving maternity benefits. However, if you return to work before your benefit period ends, you must report your earnings to the state. Any week in which you work is not paid.
Maternity Benefits and Your Job Protection
New Jersey TDI maternity benefits are separate from job protection. Receiving disability benefits does not automatically protect your job, though other laws may. The federal Family and Medical Leave Act (FMLA) protects your job for up to 12 weeks if your employer has 50 or more employees and you have worked there for at least 12 months. New Jersey's Temporary Family Leave Insurance (TFLI) is a different program that provides paid leave for bonding with a new child.
Before you take maternity leave, check with your employer about their leave policy and whether FMLA applies to you. Some employers offer additional paid leave on top of TDI benefits. Your employer cannot retaliate against you for filing a TDI claim or taking maternity leave.
What Happens If Your Claim Is Denied
If the state denies your claim, you will receive a written notice explaining the reason. Common reasons include not meeting the earnings requirement, not having been covered by TDI during the base period, or missing documentation. You have the right to appeal within 20 days of the denial notice.
To appeal, file a written request with the Division of Temporary Disability Insurance. You can include additional documents or a written explanation of why you believe the decision was wrong. The state will schedule a hearing, which you can attend in person or by phone. Many people represent themselves at these hearings, though you can also bring an attorney or representative.
Frequently Asked Questions
Can I receive maternity benefits if I work part-time?
Yes, if you earned enough during the base period to meet the state's threshold. Part-time work counts toward the requirement. However, if you continue working part-time during your maternity leave, your weekly benefit is reduced by the amount you earn that week.
What if I have complications during pregnancy and need to stop working early?
You can file a TDI claim for pregnancy-related complications before your due date. Your doctor must certify that you are unable to work due to the condition. This is separate from the standard four-week pre-delivery period and may cover additional weeks if medically necessary.
Do I have to tell my employer I'm filing for maternity benefits?
No. You file directly with the state, and your employer is not involved in the process. However, your employer will see the deduction on your pay stub because they withhold the TDI premium. You may want to notify your employer of your leave plans for scheduling purposes, but that is separate from the TDI claim.
Can I receive maternity benefits and TFLI at the same time?
No. TFLI (Temporary Family Leave Insurance) is a separate program that provides paid leave for bonding after birth. You can use TDI for recovery after delivery, then switch to TFLI for bonding time, but you cannot receive both in the same week. The state will help you coordinate the two programs if you are may be able to access for both.
What if I miscarry or have a stillbirth?
You may still be may be able to access for TDI benefits if you were unable to work due to the pregnancy loss or related medical treatment. Your doctor must certify the dates you were unable to work. File your claim with the state and include the medical certification explaining your condition.