What the Division of Temporary Disability and Family Leave Insurance Does

New Jersey's Division of Temporary Disability and Family Leave Insurance (NJDTDI) runs two separate insurance programs that replace part of your wages when you cannot work. Temporary Disability Insurance (TDI) covers you when you are sick, injured, or pregnant and unable to work. Family Leave Insurance (FLI) covers you when you need to care for a family member or bond with a new child. Both are funded by payroll deductions from your paychecks — you do not pay a separate premium.

These are state programs, not federal ones, and they only cover workers in New Jersey. If you work for the federal government, the railroad, or certain other employers, you may not be covered. Self-employed people can choose to participate, but it is optional for them.

Key Takeaways

  • New Jersey requires most employers to deduct TDI and FLI premiums from your paycheck; you cannot opt out.
  • TDI replaces about two-thirds of your weekly wage when you cannot work due to illness, injury, or pregnancy, up to a state maximum that changes each year.
  • FLI replaces about two-thirds of your weekly wage when you take time off to care for a family member or bond with a new child, up to the same annual maximum.
  • You file claims directly with the NJDTDI, not with your employer, and the state sends payments to you by check or direct deposit.
  • Most claims take two to three weeks to process after the NJDTDI receives all required documents from you and your employer.

How Temporary Disability Insurance Covers You

TDI pays you a portion of your wages when you cannot work because of a medical condition, injury, or pregnancy. The program covers non-work-related disabilities — if you are injured on the job, workers' compensation covers that instead. You must be unable to work for at least seven consecutive calendar days before TDI payments begin, though you can file a claim as soon as you know you will be out that long.

The amount you receive is roughly two-thirds of your average weekly wage, calculated from the 26 weeks before your claim starts. The state sets a maximum weekly benefit amount each year; in 2024 it is $901 per week, but this changes annually. Your actual payment depends on what you earned, not on how much you contributed to the fund.

TDI covers you for up to 26 weeks in a 52-week period. If your disability lasts longer than 26 weeks, you may be able to extend coverage, but you must request an extension before your 26 weeks end. Pregnancy is covered from the date you become unable to work until four weeks after you give birth, or longer if you have medical complications.

How Family Leave Insurance Covers You

FLI pays you when you take time off work for specific family reasons. You can use FLI to care for a spouse, parent, or child with a serious health condition; to bond with a new child (biological, adopted, or through foster care); or to handle certain military family matters. The program does not cover time off for your own medical condition — that is what TDI is for.

Like TDI, FLI replaces about two-thirds of your average weekly wage up to the state maximum. You can take up to 12 weeks of FLI in a 12-month period. The 12-month period is measured from the date your first FLI claim starts, not from a calendar year, so the timing depends on when you file.

You do not have to take all 12 weeks at once. You can take FLI in blocks — for example, two weeks now to help a parent recover from surgery, then four weeks later in the year to bond with a new baby. Each week you use counts against your 12-week annual total.

Who Pays Into These Programs and Who Is Covered

Most private employers in New Jersey are required by law to deduct TDI and FLI premiums from employee paychecks. The premium rate changes each year and is set by the state; in 2024, the combined rate is 0.62% of gross wages, split between TDI and FLI. Your employer deducts this from your pay — you do not send it separately.

You are covered if you work for a covered employer and your employer deducts the premium. Certain employers are exempt: the federal government, the railroad, some religious organizations, and employers with fewer than four employees in some cases. If you are unsure whether your employer is covered, you can contact the NJDTDI directly.

Self-employed people and gig workers are not automatically covered, but they can choose to participate in the program. If you are self-employed and want coverage, you must register with the NJDTDI and pay the full premium yourself — there is no employer contribution.

How to File a Claim

You file claims directly with the NJDTDI, not with your employer. You can file online through the NJDTDI website, by mail, or by phone. Online filing is fastest — you can submit your claim and supporting documents in one session, and the NJDTDI can begin processing when ready.

To file, you will need your Social Security number, the date your disability or leave began, your employer's name and address, and a description of why you cannot work or why you need leave. For TDI claims, your doctor must complete a medical certification form that the NJDTDI provides; you give this form to your doctor and they return it to the NJDTDI directly. For FLI claims, you may need to provide a birth certificate, adoption papers, or medical certification depending on the reason for your leave.

File your claim as soon as you know you will be unable to work or need to take leave. The NJDTDI cannot pay you for time before you file, so delaying costs you money. If you file online, keep your confirmation number — you will need it to check the status of your claim.

What Happens After You File

After the NJDTDI receives your claim, they contact your employer to verify your employment, wages, and the dates you were unable to work or on leave. This verification step usually takes one to two weeks. Your employer must respond within a set timeframe, typically 10 days.

Once the NJDTDI has your claim and your employer's verification, they review everything and make a decision. If your claim is approved, you receive your first payment within two to three weeks of the NJDTDI receiving all required documents. Payments are sent by check or direct deposit, depending on what you chose when you filed.

If the NJDTDI denies your claim, they send you a written notice explaining why. Common reasons for denial include: your employer is not covered by the program, you did not meet the seven-day waiting period for TDI, you did not provide required medical certification, or your reason for leave does not may have access to under FLI. You have the right to appeal a denial.

Appealing a Denied Claim

If your claim is denied, you can appeal. You must file your appeal within 20 days of the date on the denial notice. You can appeal by mail, phone, or online through the NJDTDI website. Include any new documents or information that supports your claim — for example, if your medical certification was incomplete, you can submit a corrected one.

After you file an appeal, the NJDTDI reviews your case again. If they still deny it, you can request a hearing before an administrative law judge. The hearing is informal and usually held by phone or video. You can represent yourself or bring someone to help you. The judge listens to your side and the state's side, then issues a written decision.

If you disagree with the judge's decision, you can appeal to the Appellate Division of the New Jersey Superior Court, but this is a formal legal process and you may want to consult an attorney. Most people do not go this far — most appeals are resolved at the administrative level.

Frequently Asked Questions

Can I receive TDI and FLI at the same time?

No. If you are unable to work due to your own medical condition, you use TDI. If you are taking time off to care for someone else or bond with a new child, you use FLI. You cannot stack both programs in the same week. However, you can use TDI for part of a year and FLI for another part — they are separate entitlements.

What if my employer does not deduct the premium from my paycheck?

Report this to the NJDTDI when ready. Employers are required by law to deduct and remit the premium. If your employer is not doing so, they are breaking the law. The NJDTDI can investigate and require your employer to pay back premiums owed. You may still be covered even if premiums were not deducted, depending on the circumstances.

Do I have to tell my employer I filed a TDI or FLI claim?

You do not have to tell your employer, but many people do so their employer knows why they are absent. Your employer will find out anyway when the NJDTDI contacts them to verify your employment. Telling your employer early can help prevent misunderstandings about your absence.

What if I return to work before my claim is finished processing?

Contact the NJDTDI and let them know you have returned to work. If your claim was already approved, you can stop receiving payments. If your claim is still being processed, the NJDTDI will adjust your payment to cover only the weeks you were actually unable to work or on leave.

Can I work part-time while receiving TDI or FLI?

It depends. If you are receiving TDI for a medical condition, you generally cannot work at all — the program is for people unable to work. If you are receiving FLI, you may be able to work part-time while on leave, but your benefit will be reduced based on what you earn. Contact the NJDTDI to discuss your specific situation before you start working.