Quick Hits
- The NJDOL has issued long-awaited guidance/FAQs on recent NJFLA amendments, which became effective on July 17, 2026.
- The guidance clarifies that employees receiving TDI or FLI benefits, whether through the state or a private insurance plan, are entitled to job protection for as long as they receive those benefits while on an otherwise unpaid leave of absence.
- The job protection is separate from reinstatement rights already provided under the NJFLA and FMLA, and there are no minimum employer size requirements or work history requirements.
Job Protection for Employees Receiving TDI/FLI Benefits
On January 17, 2026, then-Governor Phil Murphy signed into law amendments to the NJFLA. Under the new NJDOL guidance, employees who receive TDI or FLI benefits are entitled to up to twenty-six weeks of job-protected leave based solely on their receipt of those benefits, regardless of whether their leave is separately covered by the NJFLA or FMLA.
Specifically, employees receiving TDI or FLI benefits (whether through the state or a private insurance plan) must be reinstated to their jobs when their leaves end, or to equivalent jobs with the same pay, benefits, seniority, and other terms of employment. There are no minimum employer size requirements or work history requirements to receive this protection. Instead, it depends only on whether the employee qualifies for TDI or FLI benefits, which is based on recent earnings.
Job Protection Applies to Leave Commenced Prior to Effective Date
According to the FAQs, the new job protection applies to employees receiving TDI/FLI benefits whose leaves commenced before July 17, 2026. Additionally, while employees wait to hear whether they are eligible to receive TDI/FLI benefits, employers must assume that an employee will be eligible until a determination has been made otherwise.
Medical Leave Benefit Exceeds NJFLA and FMLA
The recent guidance eliminates any ambiguity as to whether receipt of TDI/FLI benefits creates a new job-restoration right. There was uncertainty regarding whether the receipt of benefits alone could provide a basis for job protection, since the amendments state, “nothing in this section or any section … shall be construed as increasing, reducing, or otherwise modifying any entitlement provided to a worker by the provisions of the [NJFLA] to be restored to employment by the employer after a period of family temporary disability leave.” Despite that language, the NJDOL’s new guidance makes clear that the amendments did create a new leave entitlement based solely on receipt of TDI/FLI benefits, regardless of whether an employee is covered under the NFJLA or the FMLA.
TDI/FLI Leave Coverage Limits
For context, TDI/FLI benefits provide employees with up to:
- twenty-six weeks of benefits during a period of leave taken for their own health conditions;
- twelve weeks of benefits for caregiving and bonding leave (in a twelve-month period); and
- twenty-two to twenty-four weeks of benefits for maternity (disability plus bonding) leave.
No Minimum Size Requirements for TDI/FLI Leave
Unlike leave availability and job protection under the NJFLA and FMLA, there are no minimum employer size or work history requirements for employees to receiveTDI/FLI job-protected leave benefits. This lack of minimum requirements means that employers must provide job protection to any employee who receives TDI/FLI benefits, regardless of the employer’s size or whether the employee meets the NJFLA’s or FMLA’s tenure or hours-worked requirements.
Lowered Eligibility Requirements for NJFLA Job-Protected Leave
The NJDOL reminded employers that the amendments have lowered the eligibility requirements for NJFLA leave itself, which provides up to twelve weeks of job-protected leave in a twenty-four-month period to bond with a child or care for a family member with a serious health condition.
As of July 17, 2026, the NJFLA applies to employees at employers with fifteen or more employees worldwide (down from thirty employees). Further, employees now need only three months of work history with their employers (down from twelve months), and only 250 hours worked in the past twelve months (down from 1,000 hours).
Next Steps
Employers may want to review their existing policies to incorporate these new requirements. The NJDOL advises that additional guidance is forthcoming and that formal rulemaking could change policies, procedures, and forms.
Ogletree Deakins’ Morristown office will continue to monitor developments and will provide updates on the Leaves of Absence and New Jersey blogs as additional information becomes available.
In addition, the Ogletree Deakins Client Portal covers legal developments in state and major locality leave laws, including New Jersey’s paid and unpaid family and medical leave requirements. Premium-level subscribers have access to comprehensive updated law summaries and policies; Snapshots and Updates are complimentary for all registered client users. For more information on the Client Portal or a Client Portal subscription, please email clientportal@ogletree.com.
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