New Jersey Temporary Disability Benefits (TDI)

If you suffer a temporary illness or injury as an employee, but your medical condition wasn't due to your job, you may be eligible for disability benefits through New Jersey's State Temporary Disability Insurance (TDI) program.

The TDI program provides cash benefits to employees who have to stop working due to a disabling physical or mental health condition. The program is funded by New Jersey employers and workers. Workers contribute through deductions taken out of their paychecks.

Who Is Eligible for New Jersey Temporary Disability Benefits?

To be eligible for New Jersey's TDI program, you must have a non-work-related illness or injury that keeps you from working and be under medical care for treatment of the disabling condition. (For information on benefits for injuries or illness that result from work, see our article on New Jersey Workers' Compensation.)

You must have worked for at least 20 calendar weeks earning at least $283 per week for a covered New Jersey employer to be eligible for benefits. Alternatively, you must have earned $14,200 or more during your "base year." Your base year is determined by the date you filed a claim for benefits and is defined as the first four out of the last five completed calendar quarters (three-month periods) before you file the claim.

If you don't qualify under the standard base year above, you could be eligible for benefits under an alternate base year during the 18 months before you file your claim. You still must have earned at least $14,200 in a 12-month period.

What Can Make You Ineligible for TDI Benefits in New Jersey?

Even if you meet the medical and earnings requirements, your benefits might not be approved, or might be reduced, in the following situations.

• Your inability to work doesn't last more than seven days.
• Your medical condition started more than 14 days after your last day of employment with a covered NJ employer.
• You still get paid by your employer, and your pay and TDI combined would be more than what you were earning before you became disabled.
• You got paid for working after you became disabled.
• You aren't getting treatment for your condition from a medical provider (doctor, dentist, optometrist, psychologist, advanced practice nurse, certified nurse midwife, or chiropractor).
• Your medical condition was self-inflicted.
• Your medical condition was caused during the commission of a crime.
• Your most recent employer fired you for gross misconduct on the job that amounted to a crime.
• You owe a garnishment for child support.
• You have an overpayment from a prior disability or paid family leave claim.
• You received payments for the same period of disability from other programs such as workers' compensation, unemployment, or Social Security Disability benefits (see below for a brief discussion on the Disability During Unemployment Program).

If you aren't sure whether you qualify for TDI, you can contact the Division of Temporary Disability and Family Leave Insurance by phone at 609-292-7060 from 8:00 a.m. to 4:30 p.m. Monday through Friday, or you can send them an email.

How Much Can I Get in Short-Term Benefits From New Jersey?

Your weekly benefit rate (WBR) in New Jersey is calculated by dividing your "base year" earnings by the number of "base weeks" (any week in which you earned more than $283). Your WBR is 85% of this average. For 2024, the most you can get is $1,055 per week, and part of the payment is taxable. Here's an example:

You filed a claim for disability on June 15, 2024. Your TDI claims examiner will review your wages for the last five completed quarters. Your earnings history is as follows:

• During Quarter 5 (January 1-March 31, 2024), you earned $1,000 per week.
• During Quarter 4 (October 1-December 31, 2023), you earned $800 per week.
• During Quarter 3 (July 1-September 30, 2023), you earned $600 per week.
• During Quarter 2 (April 1-June 30, 2023), you earned $750 per week.
• During Quarter 1 (January 1-March 31, 2023), you earned $500 per week.

Quarters 1-4 are the base year that will be used to calculate your benefits. The total amount you earned during the base year is $34,450. The TDI claims examiner will divide your base year earnings by the number of base weeks you worked (in this example, 52). Your average weekly wage for that period was $662. Taking 85% of your average weekly wage will give you your benefit amount of $562.

How Long Is Short-Term Disability in New Jersey?

You can get benefits for up to 26 weeks. This means that, even if your injury or illness lasts more than 26 weeks, your benefits will stop. However, if you suffer a new disabling medical condition and apply for TDI, the 26 weeks will start again.

If you're able to go back to work before the six months are up, your TDI benefits will stop. For pregnancy-related disability and recovery from childbirth, doctors usually certify only 8 to 12 weeks of TDI benefits.

Can I Get NJ Temporary Disability Benefits and Unemployment at the Same Time?

If you have an illness, injury, pregnancy, or other physical or mental health condition, but you haven't worked recently and/or you're collecting unemployment benefits, you might qualify for New Jersey's Disability During Unemployment (DDU) benefits. DDU is a combination of Temporary Disability and Unemployment Insurance. The benefit amount is calculated similarly to TDI, but you'll receive 60% of your average weekly wage, instead of the 85% allowed under TDI.

You might be eligible for DDU benefits if you became unable to work more than 14 days after you last worked for an employer who pays into the New Jersey TDI program. If you've already been approved for unemployment or paid family leave benefits, you've already met the earnings requirements to receive DDU. If you haven't, you'll qualify if you've worked for at least 20 weeks earning at least $283 weekly, or if your income for the base year is at least $14,200.

Does My Employer Have to Save My Job for Me When I'm Out On TDI?

The New Jersey Temporary Disability Insurance Law doesn't require employers to hold a job for somebody receiving TDI benefits. However, you might have job protection under the federal Family and Medical Leave Act (FMLA) in New Jersey if you work for a company with 50 or more employees.

If you're taking time off for pregnancy, you may be entitled to take time off as a reasonable accommodation under the New Jersey Law Against Discrimination (LAD). The federal Pregnant Workers Fairness Act (PWFA), which applies to companies with 15 or more employees, also provides for time off as a reasonable accommodation in some situations.

How Do I Apply for New Jersey TDI Benefits?

An easy way to apply for benefits is by submitting your application online. You'll get immediate confirmation when your application has been received.

If you're unable to apply online, you can download and complete Form DS-1, Claim for Disability Benefits and mail the form to the Division of Temporary Disability Insurance, P.O. Box 387, Trenton, NJ 08625-0327. You can also fax your application to 609-984-4138.

Make sure that everything you send to the agency has your name and Social Security number on it.

If you apply online, you can check the status of your temporary disability claim by logging into the New Jersey leave benefits account that you created when you applied.

When Do I Have to File My TDI Claim?

You must file your claim within 30 days from the first day you become disabled. If you file later than this, you'll have to show "good cause" for why you didn't file the claim on time. To do this, attach an explanation of why the filing was delayed to your claim form. If you don't show good cause, you may be ineligible for benefits, or your benefits may be reduced.

If you know ahead of time that you need time off for childbirth or surgery, you can start your online application up to 60 days in advance, but you need to confirm the claim within two weeks of starting it, or it will be deleted. And within two weeks of starting your leave, you'll need to log into your claim and certify and file it.

Note that you can't file a claim by mail before you become disabled; filing ahead of time can only be done online.

What If I'm Denied Benefits or the Benefit Amount Is Wrong?

You can appeal a decision by the NJ Division of TDI if you think it's wrong. Your appeal must be in writing and contain an explanation of why you disagree with the decision. Your appeal has to be received by or postmarked within seven days of getting your letter of determination, or within ten days from the date the letter was mailed to you. You can mail or fax your appeal or submit an appeal form online.

Once your appeal is received, you'll get a letter that advises you of the date, time, and location of your appeal hearing. An Appeal Tribunal examiner will conduct the hearing, and you must be present for it. You don't need an attorney, but you can bring an attorney or a friend or relative with you. The examiner's decision will be sent to you by mail.