Official Site of The State of New Jersey
FAQ: Job-Protected Leave
While on leave, you may have job protection under multiple laws. Learn more here.
Job protection is your right to return to your job after your family or medical leave ends. Your employer must allow you to return to your same job, or one with the same pay, benefits, seniority, and other terms of employment. While on leave, you may have job protection under multiple laws. It's important to know which ones cover you. Learn more here.
Yes. While on leave, you may have job protection under multiple laws. You could be covered under the New Jersey Family Leave Act (FLA) and/or the federal Family and Medical Leave Act (FMLA) which are based on how many employees your employer has and how long you have worked for them. As of July 17th, 2026, for leave not covered under the FMLA or NJFLA, you are entitled to job protection if you receive TDI or FLI benefits from the State or through a private insurance plan. Learn more about your coverage here.
This depends on which law you’re covered under.
- If you’re covered under the NJ Family Leave Act (NJFLA), file a complaint with the NJ Division on Civil Rights here.
- If you’re covered under the federal Family & Medical Leave Act (NJFLA), file a complaint with USDOL.
Learn more about your coverage here.
If you’re not covered under NJFLA or FMLA and your employer violated your job protection rights during or following a period of leave for which you received Temporary Disability and/or Family Leave Insurance benefits from the State or through a private insurance plan, you can file a lawsuit in Superior Court or submit a complaint to the NJDOL. The NJDOL complaint form will be made available soon and is only for when leave is not covered under NJFLA or FMLA. Check back frequently for updates at this page.
Yes. As of July 17th, 2026, you are entitled to job protection if you receive TDI or FLI benefits from the State or through a private insurance plan, and if your leave is not covered under NJFLA or FMLA. There are no minimum employer size requirements or work history requirements to be eligible for TDI/FLI benefits. Eligibility for benefits is based on recent earnings.
Yes. If you are receiving TDI/FLI benefits, you have job protection during or following a period of leave.
Yes. Your job could be protected under the NJ Family Leave Act (NJFLA) or Federal Family & Medical Leave Act (FMLA). Learn more here.
If you are not covered under NJFLA or FMLA, you could be covered under TDI/FLI job protection. If you have applied for TDI or FLI benefits, while you’re waiting for a decision on your benefits, your employer must assume you will be eligible for benefits and protect your job until a determination has been made otherwise.
Yes there are notification requirements for employees in TDI/FLI law, depending on the reason for leave.
For Family Leave Insurance to care for a loved one in one continuous period, you must give their employer reasonable notice unless there are unforeseen or emergency circumstances. For intermittent days off to care for a loved one, you must give your employer at least 15 days’ notice, unless there are unforeseen or emergency circumstances.
For Family Leave Insurance to bond with a new child in one continuous period, you must notify your employer 30 days in advance of the date you plan to start their leave. For intermittent leave, you must notify your employer 15 days in advance of each anticipated absence.
The TDI/FLI law does not specify how far in advance you must notify your employer for medical leave, as many disabilities are unforeseeable. However, we encourage you to keep your employer informed whether your leave for medical reasons is scheduled in advance or not.
Yes. Even if you receive TDI and/or FLI through a private plan, rather than through the State Plan, as of July 17th, 2026, you are entitled to job protection during and following the expiration of your leave.