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COVID-19: NJ Expanded Family Leave Insurance Benefits and Temporary Disability Benefits

Effective July 1, 2020, New Jersey has increased the amount of time qualified workers can receive under Family Leave Insurance (FLI) and also has expanded the amount of benefits qualified workers can receive under Temporary Disability Insurance (TDI) and FLI. These benefits had been previously expanded on April 14, 2020 in response to the COVID-19 crisis.

The amount of FLI benefits available has doubled from six consecutive weeks per year to 12 consecutive weeks per year. Alternatively, workers in need of intermittent days, will have 56 days available for which they can claim FLI benefits, increased from the previous allotment of 42 days.

In addition to taking time off for certain protected family care/domestic violence reasons (FLI) and for an employee’s own disability (TDI), in the wake of COVID-19, the eligibility reasons have also been expanded under both FLI and TDI. Employees can now obtain FLI and/or TDI benefits when a state of emergency has been declared by the Governor or is found to be needed by the Commissioner of Health or other public health authority. During such a public health crisis, a worker is eligible for benefits related to an illness caused by an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or efforts to prevent the spread of a communicable disease in the following situations:

• If a public health authority issues a determination that the presence in the community of the worker’s family member in need of care by the worker would jeopardize the health of others (FLI benefits); or

• If a healthcare provider or public health authority recommends that the worker (TDI benefits), or a family member of the worker in need of care by the worker (FLI benefits), voluntarily undergoes self-isolation or self-quarantine as a result of suspected exposure to a communicable disease because the presence in the community of that worker or family member would jeopardize the health of others.

Prior to June 30, 2020, eligible employees were paid two-thirds (2/3) of their average weekly wage, up to a maximum $667 per week. As of July 1, 2020, under the expanded benefits program, eligible employees can receive up to 85% of their salary for both FLI and TDI benefits, with a maximum benefit of $881 per week.

See New Jersey Department of Labor Press Release here.

This summary is for informational purposes only and is not intended to constitute legal advice. This information should not be reused without permission.