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Temporary Disability Insurance and New Jersey Family Leave

NJ Temporary Disability Insurance provides benefits to New Jersey employees who are unable to work due to a physical or mental health condition or other disability not related to their job, including recovery from pregnancy/childbirth and COVID-19.

NJ Family License Insurance provides benefits to New Jersey employees who are unable to work because they need to bond with a new child, care for a family member who has a physical or mental illness (see the law's generous definition of “family”) at, or to address certain issues related to domestic or sexual violence.

What Human Resources and Employers need to know

The role of the Employer

  • Employers must participate in these state public insurance programs and deduct payroll taxes for employees working in NJ, or employers may choose to provide employees with coverage through a private insurance plan that meets NJ requirements. The federal government is exempt. Temporary disability insurance is optional for local governments (for example, counties, townships, and school districts) but these employers must participate in the State Family Leave Insurance plan or provide a private plan. Long-term employees outside of NJ are generally not covered, but must apply to see if they are eligible.
  • Starting in 2019, employers are not required to complete the “employer portion” of the application. When an employee is approved for Temporary Disability Insurance or Family Leave Insurance benefits, the employer receives an approval notice in the mail. Additionally, for employees applying for Temporary Disability Insurance benefits, the employer will receive a “DS-7C” form each time benefits are issued, and we advise employers to verify its accuracy. Any incorrect payment of benefits must be reported immediately to the Division. We suggest keeping a separate file for each employee receiving Temporary Disability Insurance benefits and adding to it DS-7C received for each benefit payment. This way you will be able to keep track of the charges per employee throughout the life of the claim.

Disclosure of Claim Information

We can only provide claim information to the employee, unless you are listed as a representative on the request for reimbursement. We contact employers to request information on an as-needed basis by submitting forms.

Information we may request from an employer may include:

  • Federal Employer Identification Numbers.
  • Paid time off, vacation or sick leave used.
  • The intermittent days that the employee has worked.
  • The employee's last work date.
  • Confirmation of valid wages.
  • Wages paid to your employee during their period of disability or family leave.


It is the worker's responsibility to complete Parts A and B of the application, and Parts C and D, if applicable, for family leave insurance. We encourage the employer to help the employee through the process, but it is the employee's responsibility to submit a complete application.

Paid time off before disability and family leave

Employers are not prohibited from requiring employees to use accrued paid time off before applying for Temporary Disability Insurance benefits. Employers cannot require employees to use leave mandated under NJ's earned sick leave law (learn more at

The State of NJ can only require state employees to use up to two weeks of accrued sick leave before receiving Temporary Disability Insurance benefits, although the State of NJ cannot require state employees to use their last week of sick leave before receiving Temporary Disability Insurance benefits.

Employees can choose to use accrued paid time off before applying for Family Leave benefits, although employers cannot require it. If an employee chooses to use paid time off before applying for Family Leave Insurance benefits, it will not reduce the maximum duration of benefits to which the employee is entitled.

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