For many employees in New Jersey, taking time off to care for a new child should be a wonderful experience, but for some, it can be marred by concerns about job security. At McOmber McOmber & Luber, P.C., our experienced employment law and pregnancy discrimination attorneys help pregnant workers understand their rights under state and federal law when it comes to maternity leave.
How Long is Maternity Leave in NJ?
Maternity leave in New Jersey depends on how you combine state cash benefits with federal and state job-protection laws. For eligible employees, a full maternity leave timeline can provide up to 24 weeks of total job security alongside several months of wage-replacement benefits.
- Temporary Disability Insurance (TDI): Provides 10 to 12 weeks of cash benefits when you must stop working during pregnancy and childbirth recovery, typically four weeks before your due date and up to either 6 weeks after delivery (eight for cesarean).
- Family Leave Insurance (FLI): Provides up to 12 weeks of cash benefits to take time off from work to bond with your new child before the baby’s first birthday.
- Federal Family & Medical Leave Act (FMLA): Entitles workers to up to 12 weeks of unpaid, job-protected leave to care for themselves before and after childbirth and to bond with the child. This statute is enforced by the U.S. Department of Labor.
- NJ Family Leave Act (NJFLA): Provides up to 12 weeks of unpaid, job-protected leave specifically for newborn bonding, enforced by the New Jersey Division on Civil Rights.
If your employer treats you adversely or terminates you under the pretext of corporate restructuring or layoffs, our legal team can step in to hold them accountable and protect your career.
Can You Be Fired While on Maternity Leave in NJ?
Under both New Jersey and federal law, it is strictly illegal to fire an employee because of pregnancy, childbirth, or because they exercised their right to take maternity leave. The NJFLA guarantees that eligible employees can take up to 12 weeks of job-protected leave. Upon your return, your employer is legally required to reinstate you to your original position or an equivalent role with the same pay, benefits, and working conditions.
Federal Maternity Leave Protections
While New Jersey state laws offer some of the strongest protections in the country, federal statutes provide a critical baseline of job security that runs concurrently with state benefits. Under the FMLA, eligible employees are guaranteed up to 12 weeks of unpaid, job-protected leave for pregnancy and childbirth recovery.
This federal shield ensures that your employer must maintain your group health insurance coverage under the exact same terms as if you had continued working, and strictly mandates your right to job reinstatement upon your return.
Contact McOmber McOmber & Luber, P.C., to Discuss Your Case
If you believe your rights have been violated before, during, or after your maternity leave, the attorneys at McOmber McOmber & Luber, P.C., are ready to fight for you. We handle all aspects of pregnancy discrimination, family leave violations, and workplace discrimination across New Jersey. With offices located in Red Bank, Marlton, and Newark, we’re standing by to help. Call today to schedule a completely free legal consultation with our employment lawyers.
