Official Site of The State of New Jersey

Apply for Family Leave During Unemployment benefits by completing a Family Leave application (Form FL1) online, in the mail, or by fax. Instructions for filing your claim are included in the 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. If planning ahead, you can start the online application process up to 60 days in advance and it will be saved as a draft. Once your family leave begins, you must return to your draft (within 14 days of the start of your leave) to certify and submit your application. If applying after your leave begins, you have 30 days from your first day of leave to file your application. When you complete your part online, you will get a confirmation page showing your part is complete. If any information is missing or conflicting, you will be prompted to print out (or save as a PDF file) the applicable forms to complete and return to the division. If you do not have access to a printer when initially filing your application, you have a 14 day window to return and print the instructions when a printer is available. You can do so by clicking Access claim documents at the top of this page.

What We Need from You:

This is the information we need from you to complete your application:

• Your Social Security number, contact information, and date of birth
• The date your family leave begins  
• Dates you worked for any employers in the last 6 months, the employers’ contact information, and the address(es) where you worked
• Dates of any paid time off or other benefits you received after the last day you worked

Your former employer(s) do not have to verify your wages when applying. All claims in the Department of Labor's Division of Income Security (Temporary Disability, Family Leave, Unemployment, Family Leave During Unemployment, Disability During Unemployment) use the quarterly wages reported to the state by your former employers. However, since Family Leave During Unemployment follows the Unemployment law, we will need to verify the reason for separation from your last employer such as being fired, laid off, on a leave of absence or voluntarily quit. If you were collecting Unemployment or Disability During Unemployment previously, your separation has already been investigated allowing your Family Leave application to be processed without any employer involvement. If you were not approved for Unemployment or Disability During Unemployment previously but still fit the criteria for the FLDU program, your last employer will need to be contacted to verify the reason for separation before benefits can be paid.

If You Are Applying for Family Leave Immediately After Receiving Benefits for A Pregnancy-Related Disability:

Family Leave for bonding immediately following a pregnancy-related disability has a one-page application that requires less information. Once you and your physician notify us of your actual delivery date, we will mail you an application for New Mother Bonding (Form FL2). You may file for Family Leave During Unemployment benefits once you recover from your pregnancy-related disability.

We would like to process your claim quickly, but can’t do it without your help.

Keep these tips in mind to avoid delays and receive your benefits faster:

1. Apply online. It’s faster than printing and mailing or faxing your application to us. If you are filing for family caregiving, it also allows your family member's medical provider to easily complete their section online once they get the required instructions from you. Remember, it is your responsibility to give these instructions to the medical provider to complete – they are not automatically notified by our system. If you do apply online, do not also submit that claim by mail or fax. That may delay the processing of your application.
2. Fill out your application completely and accurately. Read all instructions first. If you’re not sure how to answer a question, check out our FAQ or Form Look Up for more information. If you still need help, contact us.
3. Include your Social Security number on all correspondence.
4. Don’t fax us pictures of documents. If you want to submit a digital copy of a document, use a free mobile app like Adobe Scan or Dropbox to transform a mobile phone picture into a high-contrast, black-and-white PDF file you can print and fax.
5. Get ready to receive your payments. Money Network/My Banking Direct will mail your prepaid debit card in a plain envelope that may look like junk mail, so check all your mail carefully. If you already have a debit card from a previous Temporary Disability, Family Leave, or Unemployment Insurance claim, we will use that same card to pay benefits for new claims. If you can’t find your card, contact Money Network/My Banking Direct for a replacement.

Once we receive your application and see that you fit the criteria for Family Leave During Unemployment, we may temporarily deny your application as a way of routing it to the proper FLDU section. This temporary denial is our internal process of reassigning your claim and has no reflection on the content of your application. Once a Family Leave During Unemployment examiner receives your application, it will be reviewed for claim approval.

If You're Applying for Family Leave After Receiving Unemployment or Disability During Unemployment Benefits:

In general, when an Unemployment Insurance or Disability During Unemployment claim exists, Family Leave applications with complete information are determined within seven to ten days from the date of receipt. If you were receiving Unemployment Insurance, there may be a delay in benefits from when you stop your weekly certification and when FLDU starts paying you-as it will take time for your new application to make it's way to an examiner. You will be paid retroactively by Family Leave During Unemployment for this delay. If you were receiving Disability During Unemployment Insurance and you provided them with Family Leave paperwork, they may initiate the transfer of your claim to FLDU so that the transition is seamless. 

If You Did Not Collect Unemployment or Disability During Unemployment Benefits:

When an Unemployment or Disability During Unemployment claim does not exist, additional information must be gathered and it may take approximately three to four weeks to issue a determination. 

A Notification of Information Change form will be mailed to you. This form should be completed and returned to our office if you need to update your information, such as your address, when your family leave ends, your availability for work, or you return to work. Remember: If you have received a debit card and you need to change your address, you must also notify Money Network/My Banking Direct of your new address. The bank can be contacted through their website at: https://mbd.everywherepaycard.com/ or by their toll free number, 888-292-0059.

If You Are Not Collecting Unemployment or Disability During Unemployment Benefits:

Questionnaire Packet: If your first day of Family Leave does not fall within the benefit year of an existing Unemployment or Disability During Unemployment claim, we may need to ask you additional questions that are required by Unemployment law. This may include why you stopped working, if you own a business, if you work for a school, or are a student. We also provide the application for dependency benefits and a form to complete to withhold 10% of your benefits for federal income taxes. The sooner you complete and return this packet the sooner your claim can be reviewed.

If You're Applying for Family Leave After Receiving Unemployment or Disability During Unemployment Benefits:

If you have received a Direct Deposit into your bank account for an existing Unemployment or Disability During Unemployment claim within 28 days of the start of your Family Leave claim, your Direct Deposit information will carry over to your Family Leave claim. 

If you are not signed up for Direct Deposit and already have a debit card from a previous Temporary Disability, Family Leave, or Unemployment Insurance claim, we will use that same card to pay benefits for new claims. If you can’t find your card, contact Money Network/My Banking Direct for a replacement.

If You Did Not Collect Unemployment or Disability During Unemployment Benefits:

Benefit payments are most commonly issued to debit cards sent to you by Money Network/My Banking Direct. Money Network/My Banking Direct will mail your prepaid debit card in a plain envelope which may look like junk mail, so check all your mail carefully. If you already have a debit card from a prior claim (within the last four years), we will use that same card to pay benefits for new claims. If you can’t find your card, contact Money Network/My Banking Direct for a replacement. Family Leave does not offer Direct Deposit. However, you can arrange for your benefits to be automatically transferred from your debit card account to your personal checking or savings account by contacting Money Network/My Banking Direct. 

• Once your claim has been determined eligible, payments are usually issued on a weekly basis. However, there are times during your claim where your payment may cover a period of more than one week.
• Family Leave During Unemployment benefits are paid in full weeks only. A full week runs from Sunday through Saturday.
• No federal income tax is withheld from your benefits unless you request this deduction when applying online or by mail.
• You may receive benefits until you return to work, exhaust your maximum benefit entitlement, or the benefit year of your claim expires.

Family Leave During Unemployment benefits are NOT payable for:

• any period of bonding or caregiving that is less than a 7-day period. You may only take your leave in a full week period, from Sunday through Saturday;
• any period that you receive Unemployment Insurance benefits, Temporary Disability Insurance benefits, any benefits from a disability or cash sickness program or similar law of New Jersey, another state or the federal government;
• any period when you receive full salary or paid time off;
• any period during which you perform any work for remuneration or profit;
• any period during which you would be disqualified under the Unemployment Compensation Law for voluntarily quitting your job, termination due to misconduct or gross misconduct, refusal of suitable work, or fraud;
• any period of family leave to care for a family member who is not under the care or supervision of a health care provider;
• a school employee during any period between academic years, terms or school-wide recess, when you have reasonable assurance of returning to work in the same or similar capacity when school resumes;
• any period you are out of work due to a labor dispute at your place of work.

Family Leave During Unemployment benefits under are not taxable for New Jersey state income tax purposes. However, benefits are subject to federal income tax. You may voluntarily request to have 10% of your weekly benefits withheld. If you are interested in having federal income tax withheld from your weekly benefits, contact Family Leave During Unemployment in writing at:

Family Leave During Unemployment
P.O. Box 956
Trenton, NJ 08625-0956

After the end of each calendar year, Form 1099-G will be available in our online system for you to download and use when filing your federal income tax return. This form lists the total New Jersey State Family Leave During Unemployment benefits received that calendar year. This information is also sent to the Internal Revenue Service (IRS). 

If you disagree with any written determination you receive from the Division of Temporary Disability and Family Leave Insurance, you may file an appeal. Each determination contains a written statement concerning your appeal rights.

Your appeal must be received or postmarked within seven days after delivery or ten days after the date of the mailing of the determination, except an appeal from a Demand for Refund. Any appeal from a Demand for Refund must be received or postmarked within 20 calendar days after delivery of the notice or 24 days after the mailing date of the notice.

When an appeal is filed, you will be notified by mail of the date and time of an appeals hearing. Be sure to be available at the phone whose number you provided on your claim. If you will not be available during your scheduled hearing, you must notify the appeals office as soon as possible so your hearing can be rescheduled.

Your telephone interview with an Appeal Tribunal examiner will not cost you anything. It is not necessary to have an attorney present during the hearing, but you can be represented by an attorney or any other person you choose. You will be notified of the results of the hearing by mail.

If your claim is for caring for a family member, your loved one may be required to have a physical examination completed by a state-appointed physician. The examination is a routine procedure of this agency to insure that family leave benefits are being paid properly and do not affect the relationship between you and your family member's health care provider.

There is no charge to you or your family member for this examination and the results of the examination will be kept confidential. Your family member will be referred to a doctor located as close as possible to their home.

Important: Your Family Leave benefits may be terminated if your family member is scheduled for an examination and does not report.

If the benefit year on your Family Leave claim has not expired, the Unemployment Insurance Office will use the same start date when setting up your Unemployment claim. An Unemployment agent will notify FLDU that you are applying for Unemployment Insurance benefits and will move your claim to the jurisdiction of the Unemployment Insurance Office. You may receive the same weekly benefit rate for Unemployment Insurance as you received during your Family Leave During Unemployment claim. Your maximum benefit amount (the total you may be eligible for with FLDU and Unemployment combined) will be one and one half times the maximum benefit amount approved on your Unemployment Insurance claim. 

The best way to transition from Unemployment Insurance to FLDU is to stop claiming weekly Unemployment benefits. You do not need to notify the Division of Unemployment Insurance that you are no longer collecting benefits from them, simply stop certifying weekly. Once you stop certifying for Unemployment, complete an application for Family Leave Insurance and submit it. Once we receive your application and see that you fit the criteria for Family Leave During Unemployment we will temporarily deny your application as a way of routing it to the proper section of FLDU. While your application is being routed to the proper section, you may notice your online claim status says "Ineligible."  This temporary denial is simply our internal process of reassigning your claim and has no reflection on the content of your application. Once a Family Leave During Unemployment examiner receives your application, it will be reviewed for claim approval.The time between when you stop certifying for weekly Unemployment benefits and when FLDU starts paying you will cause a temporary disruption in benefits as it will take time for your new application to make its way to FLDU. You will be paid retroactively by Family Leave During Unemployment benefits for this period.

Since Family Leave During Unemployment is a hybrid of the Unemployent and Family Leave programs, people receiving FLDU benefits are eligible for the expanded duration of benefits (up to 12 weeks of continuous leave) but not for the expanded benefit rate percentage. FLDU pays claims at the Unemployment rate of 60% of your wages up to $854 (in 2024) per week, NOT at the Family Leave benefit rate. However, you may receive the longer benefit duration of up to 12 weeks of continuous leave, provided you have not already received one and one-half times the maximum benefit duration on your Unemployment or Disability During Unemployment Insurance.

Maximum Duration: When transitioning from one program to another, the maximum amount of benefits you can collect total (during Unemployment Insurance or Disability During Unemployment, and Family Leave During Unemployment benefits combined) is one and one-half times the maximum benefit amount of your initial Unemployment Insurance or Disability During Unemployment claim (up to a maximum of 39 weeks of benefits). 

The longest a claimant can collect when combining benefits from one program to another (Unemployment/Disability During Unemployment and Family Leave Insurance) is capped at a maximum of 39 benefit weeks. But not everyone is entitled to 39 weeks if it is more than one and one-half times your maximum benefit amount.

Unemployment or Disability During Unemployment Maximum Benefit Amount=the number of weeks you worked (up to 26 weeks) during the base year  period times your weekly benefit rate. Since it is based on your employment before the claim began, everyone's maximum benefit amount and duration is unique to their individual claim.