Most New Jersey employers subject to the provisions of the Federal Unemployment Tax Act (FUTA) are also subject to NJ TDB law and are required to provide coverages for their employees working in NJ. There are some employment classes considered exempt from Unemployment Compensation Coverage and likewise be exempt from the coverage requirements under NJ TDB law. Please refer to the NJ DOL Employer Handbook on the state website for more details on Exempt Employment.
To be eligible for TDB or FLI, a worker must have paid into the program through their employer and meet the minimum gross earnings requirements.
In 2023, a worker must have worked 20 weeks earning at least $260 weekly, or have earned a combined total of $13,000 in what is called a “base year.”
In 2022, a worker must have worked 20 weeks earning at least $240 weekly, or have earned a combined total of $12,000 in what is called a “base year.”
The base year is defined as the first four of the last five completed calendar quarters prior to the start of a claim. The wages earned during the base year will determine the weekly benefits that a worker is eligible to receive. For example: If an employee filed a claim on July 1, 2022, their base year is April 1, 2021– March 31, 2022.
For quick reference, use the chart below to help you understand the base year period that will be used to calculate the weekly benefit based on when the claim began:
|Claim began:||Base Year - Earnings from this period will be used to determine benefit|
|October 1, 2021 to September 30, 2022|
|January 1, 2022 to December 31, 2022|
|April 1, 2022 to March 31, 2023|
|July 1, 2022 to June 30, 2023|
NJ Temporary Disability Benefits (TDB) provides partial wage replacement to eligible employees who suffer from their own non-work-related injury, illness, or other disability, including pregnancy. TDB benefits are available to most New Jersey workers with the exception of federal government employees, out of state employees and select exempt employment classes.
FLI provides eligible workers with paid time off to bond with a newborn, a newly adopted child, a recently placed foster child, or to care for a family member with a serious health condition who is unable to care for themselves. Workers can collect Family Leave Insurance benefits for a maximum of twelve weeks (56 days) in a 12-month period. The same covered employer and employee eligibility requirements for NJ TDB benefits apply to NJ FLI benefits.
Under NJ TDB law, covered employers have the option to choose how to provide both the NJ TDB and NJ FLI state mandated coverages to their employees. An employer can choose to provide one or both coverages through the state administered plan, or can choose to provide the coverage (s) through a private plan instead.
The private plan may be self-insured (meaning the plan is funded by the employer itself), or fully insured (meaning the plan is provided through a licensed and approved insurance company or through a union welfare fund). All private plans must be approved by the NJ State Division of Temporary Disability Insurance, Private Plan Operations. Private plans must offer at least the same benefit provisions as the state plan. Benefit provisions are dictated by the state and are subject to change annually.
Guardian is currently licensed and approved to provide a fully insured Temporary Disability Benefits (TDB) coverage in New Jersey. We do not offer Family Leave Insurance (FLI) coverage at this time.
For more details, visit the state of New Jersey’s Division of Temporary Disability and Family Leave Insurance website.
Guardian has a private plan option for temporary disability coverage to assist covered employers in meeting their regulatory obligation for their New Jersey covered employees. We do not offer Family Leave Insurance (FLI) coverage at this time.
Our product offering is fully-insured, state-approved and competitively priced. Our digital capabilities can make administration easier – with online claims submission and claims status as well as quarterly and year-end tax reports.
You can count on:
Please contact your Guardian Group Sales Consultant or broker for quoting requirements and additional information concerning a NJ TDB private plan option through Guardian.
Guardian has provided employers with statutory disability plans for more than a decade, taking a consultative approach to bring resources together for successful PFML plan implementation and management, no matter the level of complexity. Our management of PFML plans helps ensure that any Human Resources team can meet the challenge of efficiently managing employee leaves while easing administrative burden and enhancing compliance.
Our Guardian Absence SolutionsSM can help reduce the administrative burden and enhance compliance with the integrated management of STD and LTD benefits, state and federal family medical leaves, and company leaves. Available to companies with 50 or more employees, employers can choose from a variety of plans and service options, including ADA support. Effective employee leave management is key to ensuring your business remains compliant with state laws, helping to avoid of costly fines.
To learn more about Guardian leave management services reach out to your Guardian Group Sales Consultant or broker.