Official Site of The State of New Jersey

Paid Leave Benefits—If you cannot work because you need to care for yourself or a loved one’s physical or mental health condition, pregnancy/childbirth recovery, bond with a new child, or cope with domestic/sexual violence.

• Up to 40 hours of Earned Sick Leave under NJ law that your employer pays.
• Cash benefits through NJ Temporary Disability & Family Leave Insurance.

Job-Protected Leave

• Federal Family and Medical Leave Act (FMLA)—If you need to care for your own serious medical condition, care for a family member with a serious medical condition, or bond with a new child—enforced by the US Department of Labor.
  
  
• New Jersey Family Leave Act (NJFLA)—If you need to care for a family member who has a serious health condition, or care for/bond with a new child—enforced by NJ Division on Civil Rights (DCR). Further resources on NJFLA, which is enforced by the DCR are found here.
  
  
• New Jersey SAFE Act—If you cannot work because you need to handle matters related to domestic or sexual violence, or need to support a loved one who is a victim/survivor, you may be eligible for 20 days of unpaid, job-protected leave.

Unemployment benefits—If you lose your job through no fault of your own, including if you quit or are fired from your job because of harassment, discrimination, or domestic/sexual violence. NJDOL reviews to determine your eligibility if you quit.

Protection from Discrimination—The New Jersey Law Against Discrimination (LAD) prohibits discrimination and harassment in employment, places of public accommodation, and housing based on actual, or perceived sex gender, sexual orientation, gender identity, gender expression and many other protected characteristics.

This means people who are gay, lesbian, bisexual, transgender, queer, questioning, intersex, and asexual (LGBTQIA+) must be treated equally at work. The LAD is more expansive than federal law, and provides protections for those who live, or visit the state. The LAD allows complainants to collect remedies if their claims are substantiated, including monetary damages, specific performance and restitution.

The New Jersey Division on Civil Rights (DCR) enforces the LAD (and other laws). Anyone who believes their rights under the LAD, NJFLA, or Fair Chance in Housing Act (FCHA) have been violated may file a complaint with DCR within 180 days of the incident. Further resources are found here.

Birthing and non-birthing parents may be eligible to receive up to 12 weeks of cash benefits under NJ Family Leave Insurance to bond with a newborn, newly adopted, or newly placed foster child. You can also receive up to 12 weeks of job-protected leave under the NJ Family Leave Act.

You may be eligible to receive up to 12 weeks of cash benefits under NJ Family Leave Insurance to care for loved ones with a physical or mental health condition. At the same time, you could receive up to 12 weeks of job-protected leave to care for a family member under the NJ Family Leave Act.

For short-term leave, you can accrue up to 40 hours of NJ Earned Sick Leave to care for loved ones, that your employer pays. Most NJ workers are covered.

Can my employer request proof that the person I'm caring for is chosen family?

• Earned Sick Leave: You can use NJ Earned Sick Leave to care for a loved one, including chosen family. Your employer can only require reasonable documentation if you use earned sick leave on three or more consecutive workdays, or on certain dates specified by the employer. If you are required to provide reasonable documentation, and they do not accept your need to care for chosen family, you can file a complaint with NJDOL. File online at nj.gov/labor/file.
  
  
• Family Leave Insurance: You may be eligible for cash benefits under Family Leave Insurance when you have to stop working to care for a loved one, including chosen family. Your employer does not approve or deny your application for Family Leave Insurance benefits, NJ Department of Labor (NJDOL) does. NJDOL requires the patient’s provider to certify their need for care as proof of a qualifying “loved one," such as your chosen family member. See all eligibility requirements at myleavebenefits.nj.gov.
  
  
• NJ Family Leave Act: Under the NJFLA, an eligible employee generally can take up to 12 weeks of job-protected leave during a 24-month period:

• • To care for or bond with a child, as long as the leave begins within 1 year of the child’s birth or placement for adoption or foster care;
  • To care for a family member, or someone who is the equivalent of family, with a serious health condition (including a diagnosis of COVID-19), or who has been isolated or quarantined because of suspected exposure to a communicable disease (including COVID-19) during a state of emergency; or
  • To provide required care or treatment for a child during a state of emergency if their school or place of care is closed by order of a public official due to an epidemic of a communicable disease (including COVID-19) or other public health emergency.

Learn more about reasonable documentation at njcivilrights.gov.

You may be eligible to receive up to 26 weeks of cash benefits under NJ Temporary Disability Insurance for gender-affirming treatments, procedures and/or surgeries, with a medical provider’s certification. At the same time, you could receive up to 12 weeks of job-protected leave under the federal Family and Medical Leave Act.

To care for a loved one who is recovering from gender-affirming care, you may be eligible to receive up to 12 weeks of cash benefits under NJ Family Leave Insurance. At the same time, you could receive up to 12 weeks of job-protected leave to care for a family member under the NJ Family Leave Act or the federal Family and Medical Leave Act.

For short-term leave, you can accrue up to 40 hours of NJ Earned Sick Leave to care for yourself or loved ones, that your employer pays. Most NJ workers are covered.

Click here for a directory of over 200 healthcare providers that have proactively identified themselves as LGBTQIA+-friendly.

You may be eligible to receive up to 26 weeks of cash benefits under NJ Temporary Disability Insurance if you cannot work due to a mental health condition with a medical provider’s certification. At the same time, you could receive up to 12 weeks of job-protected leave under the federal Family and Medical Leave Act.

To care for a loved one who has a mental health condition, you may be eligible to receive up to 12 weeks of cash benefits under NJ Family Leave Insurance. You can also receive up to 12 weeks of job-protected leave to care for a family member under the NJ Family Leave Act or the federal Family and Medical Leave Act.

For short-term leave, you can accrue up to 40 hours of NJ Earned Sick Leave to care for yourself or loved ones, that your employer pays. Most NJ workers are covered.

Click here for a directory of over 200 healthcare providers that have proactively identified themselves as LGBTQ-friendly.

You may be eligible to receive NJ Temporary Disability or Family Leave Insurance to cope with domestic/sexual violence. Which program you apply for depends on your need for leave.

You can receive up to 12 weeks of cash benefits under NJ Family leave Insurance to help a  loved one, who is a victim/survivor.

Your job may be protected under the NJ Family Leave Act, the federal Family and Medical Leave Act, or the NJ SAFE Act.

For short-term leave, you can accrue up to 40 hours of NJ Earned Sick Leave to care for yourself or loved one, that your employer pays.

Learn more here.

You deserve to work in an environment free from discrimination based on sexual orientation, gender identity, or gender expression.

The New Jersey Law Against Discrimination (LAD) prohibits discrimination and harassment in employment, places of public accommodation, and housing based on actual or perceived sex gender, sexual orientation, gender identity, or gender expression. This means people who are gay, lesbian, bisexual, transgender, queer, questioning, intersex, and asexual (LGBTQIA+) must be treated equally at work.

The NJ Department of Labor does not enforce the New Jersey Law Against Discrimination; it is enforced by the NJ Division on Civil Rights. To find out more or to file a complaint, visit here or call 973-648-2700.

Click here to learn more about the protections from discrimination or harassment under the LAD.

You deserve to work in an environment free from sexual harassment.

The New Jersey Law Against Discrimination prohibits sexual harassment (a form of gender-based discrimination) at work.

Learn more about sexual harassment in employment here (also available in Spanish).

The NJ Department of Labor does not enforce the LAD. The LAD is enforced by the DCR. To find out how to file a complaint, please visit here and you can file a complaint at NJCivilRights.gov or by calling 973-648-2700, to speak to a representative.

Learn more at myworkrights.nj.gov.