NJDOL Confirms Job Protections for TDI and FLI Recipients from 2026
NJDOL's new FAQ confirms job protections for TDI and FLI beneficiaries from July 17, 2026.
Why it matters: In-house counsel and HR leaders in New Jersey must update leave policies to comply with expanded job protections. This ensures employees on TDI or FLI leave maintain job security regardless of employer size or tenure.
- Effective July 17, 2026, NJ workers receiving TDI or FLI benefits have job protection during leave.
- New NJFLA amendments lower employer size from 30 to 15 employees and reduce employee eligibility requirements.
- TDI/FLI job protection applies regardless of employer size or length of employment, based solely on recent earnings.
- Employers Association of New Jersey requests delay in implementing the TDI/FLI job protection mandate due to compliance concerns.
The New Jersey Department of Labor and Workforce Development (NJDOL) has issued a new FAQ confirming that, starting July 17, 2026, workers receiving Temporary Disability Insurance (TDI) or Family Leave Insurance (FLI) benefits are entitled to job protection during their leave.
This change means employees on TDI or FLI leave cannot be terminated or denied reinstatement, even if their leave does not fall under the New Jersey Family Leave Act (NJFLA) or the federal Family and Medical Leave Act (FMLA). This expansion applies to employees regardless of employer size or length of employment. Eligibility depends solely on recent earnings, providing broader protection.
Alongside this, NJ has amended the NJFLA to lower the employer size threshold from 30 to 15 employees worldwide and reduce employee eligibility requirements from 12 months and 1,000 hours worked to 3 months and 250 hours in the past year. More employers and newer employees will now qualify for family leave protections.
Kevin D. Jarvis, Acting Labor Commissioner, emphasized, "No one should have to choose between caring for themselves or a loved one and keeping their job." This reiterates the state's commitment to enhanced worker protections.
However, the Employers Association of New Jersey (EANJ) has voiced concerns about readiness and urged the state to delay the implementation of the TDI/FLI job restoration mandate scheduled for July 17, 2026. The association highlights potential compliance challenges for employers. EANJ statement.
For detailed guidance, employers and legal counsel should refer to NJDOL's official resources:
These updates will require a review and likely revision of company leave policies to ensure compliance and safeguard employee rights effectively.
By the numbers:
- July 17, 2026 — Effective date of expanded TDI/FLI job protections
- 15 employees worldwide — New NJFLA employer size threshold down from 30
- 3 months employment and 250 hours worked — New NJFLA employee eligibility criteria
Yes, but: EANJ's call for a delay highlights employer concerns over readiness and implementation challenges.
What's next: Watch for NJDOL guidance updates and possible legislative responses to EANJ's delay request before July 2026.