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Yes, if you need to take time off from work to handle matters related to domestic or sexual violence, you may be able to collect Family Leave benefits or Temporary Disability benefits for those days.
The Family Leave program has been amended to support workers dealing with these difficult situations if they are a victim/survivor or assisting a victim/survivor. This page is a reference guide to make the application process go as smooth as possible.
Family Leave Insurance is here to help you cope
If you are a victim/survivor of domestic or sexual violence, you may need to take time off from work to recover or seek help. The Family Leave program is here to financially assist you during your time off.
Temporary Disability Insurance is here to help you heal
If you have a physical or mental illness, injury, or disability resulting from domestic or sexual violence, you may need to take off from work to recover. The Temporary Disability program is here to financially assist you during your time off.
Family members of victims/survivors
We know how important it is for you to have time to care for your loved one. The Family Leave program also covers workers who need to care for a loved one who is a victim/survivor of domestic or sexual violence and needs help recovering or seeking help.
You can claim a day at a time, or all at once.
As of July 1, 2020 you may claim up to 12 consecutive weeks of Family Leave benefits, or you may take up to 56 individual days sporadically. This may be a helpful option if you need time off here and there for a day in court, weekly counseling, etc.
Temporary Disability benefits are available to domestic or sexual violence victims/survivors that are unable to work due to a physical or mental illness, injury or disability. You may claim up to a maximum of 26 weeks of benefits under this program, for as long as a medical professional will certify. Temporary Disability benefits are only available if you have an illness, injury, or disability. If your loved one is ill, injured, or disabled, you can apply for caregiving leave with Family Leave insurance.
Family Leave Insurance benefits are available to a victim/survivor or the loved one of a victim/survivor. You may claim up to a maximum of 12 consecutive weeks or 56 individual days in a 12-month period. You can care for yourself if you are medically unable to work or if you need time off to handle matters related to your situation. As a family caregiver, you can care for a loved one who is a victim/survivor and needs assistance.
Allowable uses as a victim/survivor or assisting a victim/surivor include:
- Seeking medical attention, therapy, victim advocacy, or legal services
- Escaping abuse, such as staying in a domestic violence shelter
- Attending a court date
- Recovering at home
You may apply online or print and complete the "FL-1 Family Leave Application." To apply for family leave benefits for domestic or sexual violence, select caregiving as the need for leave as it is considered either caring for yourself or a loved one who is a victim/survivor.
When completing the paper application, be sure to complete Parts A, B & C in their entirety. If Part C (medical documentation) is not applicable to your situation, you may substitute it with one of the following:
- Domestic violence restraining order
- Letter/document from county or municipal prosecutor
- Documentation of conviction of offender for the domestic violence/sexually violent offense
- Certification from a certified Domestic Violence Specialist or director of designated domestic violence or Rape Crises center
- Other documentation from a social worker, clergy member, shelter worker, or other professional
Attaching one of these documents is only necessary if you do not have any medical documentation for yourself or the person you are caring for.
Once all parts are completed, you may fax the application to 609-984-4138 or mail to the division at:
Division of Temporary Disability and Family Leave Insurance
PO Box 387
Trenton, New Jersey 08625-0387.
You can apply for Temporary Disability Insurance benefits online, or you may print and complete the "DS-1 Temporary Disability Application." Read all the instructions carefully before completing the application. If filing by mail or fax, don’t forget to sign and date the form.
When you apply for Temporary Disability Insurance benefits, we’ll need information from you, and your medical provider. It is your responsibility to have all this information – including the medical provider part – submitted to us online, by mail, or by fax. Once all parts are completed, you may fax the application to 609-984-4138 or mail to the division at:
Division of Temporary Disability and Family Leave Insurance
PO Box 387
Trenton, New Jersey 08625-0387.
Temporary Disability Insurance and Family Leave Insurance are wage replacement programs and they do not provide job protection. However, 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).
Click here to learn more about job protection.
