NJDOL Issues FAQs Making Clear That TDI/FLI Recipients Have Job Protection Under the NJFLA

Short summary

New Jersey DOL guidance clarifies that employees receiving TDI or FLI benefits are entitled to job protection for up to 26 weeks, regardless of NJFLA or FMLA coverage. Unlike NJFLA and FMLA, there are no minimum employer size or work history requirements — protection depends solely on qualifying for TDI/FLI benefits based on recent earnings. The guidance applies retroactively to leaves commenced before the July 17, 2026 effective date.

• •Employees receiving TDI/FLI benefits get up to 26 weeks of job-protected leave regardless of NJFLA/FMLA eligibility
• •No minimum employer size or work history requirements apply — only TDI/FLI benefit qualification matters
• •Protection applies retroactively to leaves started before July 17, 2026; employers must assume eligibility pending determination

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