New Jersey’s employment law landscape has shifted significantly.
As we reported earlier this year, former Governor Phil Murphy signed into law Assembly Bill 3451, effective July 17, 2026, which vastly expands New Jersey workers’ job protections. The New Jersey Department of Labor and Workforce Development (NJDOL) issued new guidance on the sweeping changes to job protection requirements under the state’s temporary disability insurance (TDI), family leave insurance (FLI), and Family Leave Act (NJFLA) amendments and published FAQs for employers and employees for TDI/FLI job protection. For employers across New Jersey, particularly smaller businesses, the implications are substantial and require immediate action.
The guidance and FAQs clarify that employees receiving state or private plan TDI or FLI benefits are eligible for job protection. This is a meaningful change to the Temporary Disability Law, which had been limited to providing wage replacement benefits. Unlike job protection under the NJFLA or FMLA, there are no employer size or employee tenure requirements to be eligible for job protection while receiving TDI or FLI benefits; eligibility depends solely on recent earnings sufficient to qualify for TDI/FLI benefits.
Further, job protections, which include the right to reinstatement following a covered leave, apply to leaves lasting up to 26 weeks, over twice the duration of protected leave provided by the FMLA and NJFLA....
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