Who is eligible for NJ paid family leave?

NJ TDB & FLI – You Have Choices With The Hartford

New Jersey Family Leave Insurance (FLI) was signed into law in 2008 extending the benefits of New Jersey Temporary Disability Benefits (TDB.)

With a few exceptions, all employers are required to participate in the state program (by default), or choose to opt out of the state program via state-approved private plans, like those available from The Hartford.

• Welcoming a new child (through birth and including surrogate, adoption, or foster placement) under FLI.
• Caring for a seriously ill family member related by blood and any person with whom the employee shows to have the equivalent of a family relationship under FLI.
• Recovering from a personal injury or illness under TDB not related to their job.
• An employee also is allowed to take FLI for medical attention, counseling, or legal assistance or proceedings if they are, or a family member is, a victim of domestic or sexual violence.

FLI

• Twelve weeks of FLI; may be used intermittently up to 56 days.
• The benefit is 85% of the employee’s AWW up to a maximum of $993 per week for 2022 and $1,025 per week for 2023.

TDB

• Up to 26 weeks for personal injury or illness
• 85% of the average weekly wage up to a maximum of $993 per week for 2022 and $1,025 per week for 2023.

To qualify for benefits through the state program, the employee needs to have paid through their employer into the program and must meet minimum earnings requirements.

Employees are required to have worked at least 20 weeks (making at least $240 a week in 2022 or $260 in 2023) or must have earned at least $12,000 for 2022 (or $13,000 in 2023) in the base year prior to the first day of Temporary Disability Leave or Paid Family Leave.

The requirements may change each year.

Private plans can use the eligibility requirement or choose to waive it.

FLI

• Funded by employee payroll deductions. Employers do not contribute to the program.
• In 2022, employee contributions are .14% of the taxable wage base- the first $151,900 in covered wages earned during the calendar year- with a maximum FLI deduction of $212.66.
• In 2023, employee contributions are 0.06% of the taxable wage base - the first $156,800 in covered wages earned during the calendar year – with a maximum FLI annual contribution of $94.08.
• The employee contribution rate and taxable wage base amounts will change each year.

TDB

• Funded by both employers and employees.
• In 2022 employee contribution is .14 percent of the taxable wage base – the first $151,900 in covered wages earned during the calendar year – with a maximum TDB deduction of $212.66.
• In 2023 employee contribution is 0.0% percent.
• In 2022 – the employer’s taxable wage cap is $39,800. For 2023 that increases to $41,100.
• The employee contribution rate and employer/employee taxable wage base amounts will change each year.

TDB and FLI allow employers to choose a private plan. An employer can opt out of the state fund for TDB, FLI, or both. All private plans must be approved by New Jersey’s Department of Labor and Workforce Development.

The Hartford is currently approved to provide Temporary Disability Benefits coverage in New Jersey, and will begin offering Family Leave Insurance (FLI) January 1, 2023. Our company may be used to fully insure a private TDB and FLI plan, or to provide Administrative Services Only (ASO) for an approved TDB and FLI self-funded private plan.

The February 2019 amendment removed a requirement that private sector employers obtain a majority election of its employees in order to opt out of the state plan and into a private contributory plan. Some unions may still require an election.

The Hartford has partnered with New Jersey employers for more than 70 years in providing Temporary Disability Benefits (TDB) for their employees. Our TDB employer customers can now partner with The Hartford on plans for Family Leave Insurance (FLI) – either as a fully insured product or with our administrative services only.

TDB and FLI allow employers to choose a private plan. An employer can opt out of the state fund for TDB, FLI, or both. All private plans must be approved by the Department of Labor and Workforce Development.

The Hartford is currently approved to provide Temporary Disability Benefits coverage in New Jersey and will begin offering Family Leave Insurance (FLI) January 1, 2023. Our company may be used to fully insure a private TDB and FLI plan, or to provide Administrative Services Only (ASO) for an approved TDB and FLI self-funded private plan.

During a state of emergency declared by the Governor or when indicated to be needed by a public health authority, employees unable to work due to certain COVID-19 or certain other epidemic-related reasons may be eligible for benefits under the following scenarios:

• Employees may apply for TDB if they are ill or are quarantined for a known or suspected exposure, if their healthcare provider, or other public health authority has determined that the employee’s presence in the community might jeopardize the health of others, and recommended or ordered that they quarantine. The one-week waiting period for TDB is waived for these newly expanded reasons.
• Employees may apply for FLI if they need to care for a family member who is ill or who is quarantined for a known or suspected exposure, if their healthcare provider, or other public health authority has determined that the family member’s presence in the community might jeopardize the health of others, and recommended or ordered that they quarantine.
• Employees may qualify for job-protected Leave under the New Jersey unpaid Family Leave Act (FLA) if they need to care for a child due to school or child care closure by a public official, need to care for a family member who is quarantined or isolated if a healthcare provider, or other public health authority has determined that the family member’s presence in the community might jeopardize the health of others, and recommended or ordered that they quarantine.
• Employees may use earned Sick Leave if a public health emergency requires the closure of the employee’s workplace or employee’s child’s school or childcare center, or if the employee or family member under their care is quarantined or isolated as directed by a healthcare provider or public official.

Please reach out to your employee benefits representative at The Hartford for additional information.

7515 NS 10/22

Temporary Disability Form Series includes GBD-1850, or state equivalent.

Statutory Family Leave Insurance Form Series includes GBD 1856 FLI (NJ).

This informational material is subject to change as The Hartford continues to receive guidance from states and municipalities. It shall not be considered legal advice. The Hartford assumes no responsibility for legal compliance with respect to an employer’s business practices, and the views and recommendations contained herein shall not constitute The Hartford’s undertaking on a company’s behalf, or for the benefit of others, to determine or warrant that an employer’s business operations are in compliance with any law, rule, or regulation. Employers seeking resolution of specific legal or business issues, questions, or concerns regarding this topic should consult their own attorney or business advisors; and employees should continue to consult their employers’ Human Resources or other employment benefits department for guidance on the application of any law, rule, or regulation.

The Hartford Financial Services Group, Inc., (NYSE: HIG) operates through its subsidiaries, including underwriting companies Hartford Life and Accident Insurance Company and Hartford Fire Insurance Company, under the brand name, The Hartford,® and is headquartered at One Hartford Plaza, Hartford, CT 06155. For additional details, please read The Hartford’s legal notice at www.thehartford.com.