Employers' Frequently Asked Questions
These are the questions that employers ask us most often.
If you’re not sure about something, chances are the answer will be here.
As an employer, you may assist employees in providing employer related information now required on Part B of the applications. We need you to closely monitor all benefits issued to your employees. When Temporary Disability benefits have been approved, as the chargeable employer, you will receive a "Notice of Disability Benefits Charged or Credited" (form DS-7C). You will continue to receive this notice each time State Disability Insurance benefit payments are made to your employee(s). Pay close attention to the dates that benefits have been approved for as you are the main validation component in this process.
If you notice benefits being issued for days that your employee may have:
- worked
- received vacation pay
- received sick pay
we ask that you notify the Division immediately by calling our Customer Service Line (609) 292-7060 or by faxing a corrected statement (along with the employee's Social Security number) to (609) 984-4138.
The New Jersey Temporary Disability Law does require all employers who participate in the Temporary Disability Insurance program to post information about the program.
No, the Temporary Disability application only requires information from the employee and the healthcare provider. We are getting all required employment information from your employee. The employee will still need to print out the M01-instructional sheet to give to their healthcare provider.
Yes, in fact it is encouraged. Your employee may be confused about some of the employment information that we used to get from you. Your assistance will ensure claimants provide accurate information on both the claimant and employment related questions.
It may be a good idea to retain a copy of the claim filings (the employment section-Part B) for your records.
Review the "Notice of Disability Benefits Charged or Credited" (form DS-7C) for accuracy. You will receive this notice each time State Disability Insurance benefit payments are made to your employee(s). The notice is mailed to the you on the same day that the employee’s payment posts.
The notice lists the following:
- Employee’s name
- Social Security number
- Date the disability claim began
- Period-ending date that the payment represents
- Amount charged to the employer’s disability experience rating account
- Taxable amount of Federal Insurance Contributions Act (FICA)
- Taxable amount of federal income tax (FIT)
- Employee’s FICA tax
- Employee’s Medicare tax
- Federal tax withheld
- Net amount paid to the worker
It may be a good idea to keep a separate file on each employee receiving Temporary Disability Insurance benefits, and adding the DS-7C received from each benefit payment to it. This way you can keep track of the charges per employee for the life of the claim. If you receive a DS-7C with multiple employees listed, make a copy for each employee listed and add it to their separate files.
Currently, we do not have a way for you to view your employees' benefits online. Claim approval notices are received by mail.
If your employees agree to do so, you can ask them to share their benefit information with you by using the online "Check your claim status" tool and printing the "Payment Detail" page. We suggest that you keep a copy of the payment detail page for your records, and compare the days paid with dates they worked or received wages or paid time off from you.
If you notice benefits being issued for days that your employee may have:
- worked
- received vacation pay
- received sick pay
we ask that you notify the Division immediately by calling our Customer Service Line (609) 292-7060 or by faxing a corrected statement (along with the employee's Social Security number) to (609) 984-4138.
Wages for each employer are reported to the State of New Jersey under your assigned federal Employer Identification Number (EIN). We use those wages to determine whether or not your employee/former employee has enough wages to qualify for benefits.
You should report the last day that your employee physically worked. Do not use the week-ending, pay-period ending, or paycheck date. Any dates when your employee was paid after they stopped working should be reported as “continuation pay” in a separate section of the application.
Be as specific as possible. Submit the exact dates paid, the gross amount, and whether the pay is for a full day or part of a day.
Under the Law, benefits combined with paid time off cannot total more than your employee would earn working. We compare your employee’s paid time off with their regular weekly wage to calculate the amount of lost wages each week, and we pay your employee the difference, up to the maximum weekly benefit rate.
If you plan to pay your employees the difference between the amount of their weekly benefit rate and the amount they would have earned working, provide that information when you submit the Employer Statement.
You should provide the weekly amount for each week your employee worked during the base year. The reason we send this form is to get more accurate earnings amounts. We need to determine whether or not your employee has enough base week earnings to qualify for benefits. This is especially important for people who work several part-time jobs. Earnings for each week are added together to see if they meet the base-week earnings threshold.
For example, a person who earns $190 each week from one employer and $100 each week from another employer would not meet the minimum base week requirement separately, but combined, that person earns $290 each week, which is enough to qualify for a base week earning ($283 per week in 2024).
To determine the chargeable employer(s), we look at the last day the applicant worked or received paid time off before the disability began. That employer is charged even if the employee only worked part-time, and/or even if they only worked there briefly.
If your employee’s healthcare provider states that your employee can work light duty (or work with other restrictions), it is up to you as the employer to decide whether or not those restrictions can be accommodated. If they can’t be accommodated, you should tell your employee and submit the information to our division. This will not prevent the applicant from receiving additional benefits.
Year-end statements for Temporary Disability Insurance benefits are available online in January for the preceding year. Only a portion of the Temporary Disability Insurance benefits paid are taxable by the federal government (they are not taxed by the State of New Jersey). They are considered third-party sick pay or other wages, and it is your responsibility to report the information on your employee’s W-2. You should also let your employee know where the information is listed on the W-2.
When people apply for Temporary Disability or Family Leave Insurance benefits, we look at all their employment in the last 18 months before taking leave. Those wages are used to calculate benefits.
If your former employee's last day of work was more than 14 days before their first day of disability, the claim will be processed by the Disability During Unemployment program. Claims filed under this program are governed by both the Unemployment Compensation Law and the Temporary Disability Benefits Laws. To qualify for benefits under this program, your former employee must meet all the requirements of the Unemployment Compensation Law with the exception of abilitiy to work.
When processing these claims it is sometimes necessary for us to investigate why your former employee no longer works for you. This is true even if you are not a covered NJ employer (such as a Board of Education) or are an out of state employer. You may receive a phone call or a form to gather the information we need to determine a claim.
If you are not a covered NJ employer or are an out of state employer, the wages your former employee earned with you will not be used to establish the benefit amount on a Disability During Unemployment claim. Also, note that Disability During Unemployment does not charge employers for benefits paid and these benefits do not impact your experience rating.
We need the date of the first check and the monthly gross amount.
Click here to request an Independent Medical Exam for an employee.
As an employer, you may assist employees in providing employer related information now required on Part B of the application. We need you to closely monitor all benefits issued to your employees. When a Family Leave claim is approved, you will be issued a "Notice of Eligible Determinations" (form D20). The front of the form has important information about the employee’s benefits. Pay close attention to the dates that benefits have been approved for as you are the main validation component in this process.
If you notice benefits being issued for days that your employee may have:
- worked
- received vacation pay
- received sick pay
we ask that you notify the Division immediately by calling our Customer Service Line (609) 292-7060 or by faxing a corrected statement (along with the employee's Social Security number) to (609) 984-4138.
No, the Family Leave application only requires information from the employee and the healthcare provider (if the leave is for caregiving). We are getting all required employment information from your employee. The employee will still need to print out the M01-instructional sheet to give to the care recipient's healthcare provider if medical documentation is needed.
Yes, in fact it is encouraged. Your employee may be confused about some of the employment information that we used to get from you. Your assistance will ensure claimants provide accurate information on both the claimant and employment related questions.
It may be a good idea to retain a copy of the claim filings (the employment section-Part B) for your records.
When your employee's Family Leave claim is approved, you will be issued a "Notice of Eligible Determinations" (form D20). The front of the form has the first date your employee claimed family leave benefits in Box 8. In Box 20, you can view the last day that benefits have been paid through. Pay attention to the date range between those two boxes and let us know if the claimant worked or received wages during that time frame.
For any discrepancies, we ask that you notify the Division immediately by calling our Customer Service Line (609) 292-7060 or by faxing a corrected statement (along with the employee's Social Security number) to (609) 984-4138.
Currently, we do not have a way for you to view your employees' benefits online. Claim approval notices are received by mail.
If your employees agree to do so, you can ask them to share their benefit information with you by using the online "Check your claim status" tool and printing the "Payment Detail" page. We suggest that you keep a copy of the payment detail page for your records, and compare the days paid with dates they worked or received wages or paid time off from you.
If you notice benefits being issued for days that your employee may have:
- worked
- received vacation pay
- received sick pay
we ask that you notify the Division immediately by calling our Customer Service Line (609) 292-7060 or by faxing a corrected statement (along with the employee's Social Security number) to (609) 984-4138.
Yes. Your employees taking family leave bonding in one continuous period must provide you with 30 days' notice, and 15 days' notice if taking bonding leave in a non-continuous manner.
If your employees plan to care for a family member and take their leave all at once, they must give you reasonable notice, unless there are unforeseen or emergency circumstances. For family caregiving taken in separate periods of leave, they must provide you with 15 days' notice before each period.
Family Leave Insurance, like Temporary Disability Insurance, is a partial wage replacement program. Benefits can only be issued for periods that your employee was out of work for bonding or care and not paid by you. A Family Leave extension form called an FL3 is sent to your employee. The front of the form has sections for your employee and, if necessary, the healthcare provider to complete. The back page has the schedule. Your employee should give you the schedule to confirm the leave period that was taken. It must be completed and signed AFTER the leave period has been taken.
Your employees may choose to use accrued paid time off before receiving benefits, although you as the employer cannot require it. If your employee chooses to use accrued sick or vacation time, this will not reduce their Family Leave benefit days. Those days can be used in addition to claiming the maximum allowed Family Leave benefits to which they are entitled.
No, Family Leave Insurance does not have a chargeable employer.
You are not responsible for reporting Family Leave Insurance on your employees W-2.
In January of each year, Form 1099-G for Family Leave Insurance benefits is available online for all claimants who received Family Leave Insurance during the preceding year. Family Leave Insurance benefits are taxable by the federal government (they are not taxed by the State of New Jersey).
Be sure to keep in mind- There are 13 total weeks in a calendar quarter, but we want to know how many base weeks your employee earned during that period. This means you should only report the number of times they earned at least $260 per week in 2023, or $283 per week in 2024, out of the 13 calendar weeks. The difference in the number of base weeks reported could affect the approval of your employees' claim.
Also remember that the employee's gross earnings should be reported vs. their net amount.