In January 2026, New Jersey enacted significant amendments to the New Jersey Family Leave Act (NJFLA), expanding coverage to smaller businesses, reducing the waiting periods for eligible employees to qualify for leave, and creating new job restoration rights. Of the expansion, the job reinstatement piece created significant confusion particularly with respect to employees who are collecting Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) benefits and their rights to job restoration, if any, when ineligible for NJFLA or Family Medical Leave Act (FMLA) unpaid leave.<\/p>\n
Just two days before the effective date, however, the New Jersey Department of Labor & Workforce Development issued an announcement to address this confusion. Specifically, the July 15, 2026 announcement clarified that employers must provide eligible employees with up to 26 weeks of job protection while employees are collecting TDI benefits and up to 12 weeks of job protection while collecting FLI benefits. This clarification has created significant concern among business owners, particularly small business owners, who must now provide job-protected leave to those employees that are not yet eligible for NJFLA or FMLA unpaid leave, including newly hired employees.<\/p>\n
Reduction of Eligibility Requirements Under the NJFLA<\/strong><\/p>\n