New Jersey Short-Term Disability and Pregnancy

New Jersey is one of the few states that has a state temporary disability insurance (TDI) program (also sometimes called short-term disability). The state program is funded through salary deductions from employees and contributions by employers. Eligible employees can get temporary disability benefits through the state-run program or an employer's approved private short-term disability insurance plan (which might be paired with a long-term disability policy).

New Jersey's TDI program covers disabilities (including pregnancy) that aren't work-related. Injuries or illnesses suffered on the job are generally handled through New Jersey's workers' compensation program (although an employee might be eligible for TDI coverage if workers' comp benefits are denied or stopped).

Who Is Eligible for New Jersey Short-Term Disability Benefits?

New Jersey uses a base year to determine whether you're eligible for TDI benefits. The state divides the year into calendar quarters:

• January, February, and March
• April, May, and June
• July, August, and September, and
• October, November, and December.

The base year for TDI benefits in New Jersey refers to the first four of the last five completed calendar quarters before you file a claim. For instance, if you file a short-term disability or TDI claim in April, your base year would be January through December (all four quarters) of the prior year. And if you file a claim this November, your base year would be July of last year through June of this year.

During the four quarters that make up your base year, to be eligible for TDI in New Jersey, you must have:

• worked at least 20 calendar weeks and earned at least $283 per week, or
• earned at least $14,200 total (no matter how many weeks you worked or how much you earned each week).

If you don't qualify under the standard base year above, New Jersey can use an alternate base year. You could be eligible for benefits under an alternate base year if you earned at least $14,200 in a one-year period during the 18 months before you file your claim. New Jersey's Division of Temporary Disability and Family Leave Insurance might look at two different alternate base years to see if you qualify.

To qualify for short-term disability, you also must have been working for a covered New Jersey employer for at least two weeks before becoming disabled. (If you weren't, you might qualify for benefits through a different program, which funds disability benefits during unemployment.)

How Much Does New Jersey Disability Pay?

If you're eligible, you'll receive 85% of your average weekly salary for your base year, up to a maximum amount set by law. The maximum TDI benefit amount generally changes every year; for 2024, it's $1,055 per week.

The New Jersey Division of Temporary Disability and Family Leave Insurance determines your average weekly salary by dividing your total TDI base year earnings by the number of weeks you worked (counting only weeks where you earned the base amount, which is $283 in 2024). You'll receive 85% of your average weekly salary, up to $1,055.

When Do NJ TDI Payments Start?

After a seven-day waiting period, called the waiting week, you'll begin to be paid weekly benefits. If your disability continues for more than three (consecutive) weeks, you can be paid for the waiting week, unless you've been paid by your employer.

How Long Do Short-Term Disability Benefits Last in NJ?

The number of weeks New Jersey's TDI benefits will cover depends on why you're getting them. Generally, for a disability caused by injury or illness, you can collect benefits for a maximum of 26 weeks per benefit year.

For a normal pregnancy, you can get benefits for up to four weeks before your child's birth and up to six weeks after. You might be able to get short-term disability benefits for a longer period if you have:

• a Caesarian section (C-section)
• specific complications related to your pregnancy
• another disability, or
• you're otherwise physically unable to do your regular job.

When Should I File My TDI Claim?

To file for benefits, you can mail or fax the claim form, Form DS-1, to New Jersey's TDI Disability Insurance Office in Trenton. The form has three parts. You're responsible for getting all three parts completed before submitting the form:

1. You must complete Parts A and A1.
2. Have your doctor, nurse practitioner, psychologist, chiropractor, or other approved health care provider complete Part B.
3. Have your most recent employer complete Part C.

You can also submit a claim online, which can expedite your application. When you submit the form online, you'll receive an online form ID number to give to your doctor or health care provider. Your doctor or provider can use this number to login and submit Part B to the state online. It's your responsibility to contact your doctor or provider; the system will not contact them to fill out the medical portion of the form.

You must file your TDI claim within 30 days of becoming disabled. Delaying your application could put your temporary disability benefits at risk. If you miss the 30-day deadline, include an explanation of why you couldn't file on time.

Will You Get Your Job Back After Taking Disability Leave in NJ?

New Jersey's TDI program doesn't provide job protection; it only provides cash benefits. But other laws might protect your job so it's there when you return.

Talk to your employer about your need for medical leave, when you expect to be able to return, and whether your job will be guaranteed to be there when you return. Your job may be protected by the federal Family Medical Leave Act (FMLA) if you work for a company with at least 50 employees. And if you're taking time off for pregnancy, you may be entitled to take time off without risking losing your job under New Jersey's discrimination laws and two federal pregnancy laws. Read more in our article on maternity and paternity leave laws in New Jersey.