Job Protection Information
Temporary Disability Insurance and Family Leave Insurance are wage replacement programs and they do not provide job protection. However, during the period in which you're receiving these benefits, your job may be protected under the federal Family and Medical Leave Act (FMLA), New Jersey Family Leave Act (NJFLA), or the New Jersey Security and Financial Empowerment Act (SAFE).
The FMLA entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
For more information: https://www.dol.gov/agencies/whd/fmla
If your employer is covered under the NJFLA and you are an eligible employee, then you are generally entitled to up to 12 weeks of job-protected leave to care for a loved one in a two-year period.
During the Public Health Emergency, employees couldn’t be fired for taking time off to test, quarantine or isolate, with a medical note recommending that the employee take that time off because the employee had, or was likely to have, an infectious disease that may have infected others at the employee’s worksite. If you took Temporary Disability Insurance benefits for one of these reasons, then your job is likely protected under this law.
The Public Health Emergency lasted from March 20, 2020 through July 4, 2021. Actions taken during this time are covered under the law.
Click here to learn more.
You can receive up to 20 days of unpaid, job protected leave to handle matters related to sexual and domestic violence.
For more information on the NJ SAFE Act, click here.
In addition, if your employer retaliates against you for taking or seeking to take Temporary Disability or Family Leave Insurance benefits, you have the right to take private legal action.
For more information: https://www.nj.gov/labor/worker-protections/myworkrights/retaliation.shtml
Benefits and Protections for New Parents
Learn how paid leave and job protection work together for new and expecting parents.