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New Jersey's Family Leave Insurance (FLI)

New Jersey's Family Leave Insurance (FLI) benefit program provides covered individuals a weekly paid benefit when taking time off from work to care for a seriously ill child, spouse, parent or registered domestic partner, or to bond with a new child during the first year after the birth, adoption or foster care placement of the child.

 New Jersey FLI Poster (pdf)

Eligibility
You are eligible for FLI benefits if you meet all of the following requirements:

  1. You work in New Jersey and are subject to New Jersey Unemployment insurance withholding,
  2. You meet the minimum hour/day criteria (20 hours per week for 20 weeks), and
  3. You earned at least 1,000 times the NJ minimum wage (equal to $7,300) during the 52 weeks prior to leave.

If you work part-time and suffer a wage loss due to family care or bonding leave, you may receive benefits, provided all other eligibility requirements are met. FLI is a wage loss protection program that provides partial wage replacement, regardless of whether a claimant is a full-time or part-time employee.

You may not receive FLI benefits for any period during which you are receiving New Jersey Temporary Disability Insurance (TDI) Benefits, Unemployment Compensation Benefits, Workers' Compensation Benefits, or benefits from a disability or cash sickness program or similar law of any state or the federal government, including, but not limited to, Social Security Disability benefits.

Benefit Details
The FLI program is funded by employee contributions. Benefits of approximately 66.67% of lost wages, up to $633 per week for claims beginning January 1, 2017, may be paid for up to six weeks during a 12-month period.

The 12-month period is measured forward from the day your first qualified family care leave begins. If you are taking leave to tend to an ill family member, you may take this leave in one extended six-week period, or you may take leave intermittently. If the leave is to bond with a newborn or newly adopted child, the leave must be taken during one continuous period of time, unless both the employee and the employer have agreed to an intermittent leave schedule.

FLI does not provide job protection or return rights. Your job may be protected, though, if your leave is covered under the Family and Medical Leave Act (FMLA) or the New Jersey Family Leave Act (NJFLA).

PTO/YTO on FLI
Before benefits begin, you must satisfy a one-week waiting period. You may decide to use your time off benefits to cover the unpaid days.

Paid Time Off (PTO)
You may use one week (5 days) of PTO prior to benefits commencing under FLI or you may take this elimination period unpaid. If you do not have enough PTO, then the remainder of that week will be unpaid.

Your Time Off (YTO)
Exempt employees covered under the Your Time Off program will use 5 Annual Days for the elimination period. The balance of this time will be unpaid if you have exhausted your Annual Days within a rolling 12 month period.

(Exception: There is no waiting period for an FLI claim for benefits to bond with a newborn when the claim is for the period immediately following a TDI pregnancy-related claim). Claimants collecting State Plan TDI for a pregnancy-related disability will automatically be sent information on how to file for FLI benefits after the child is born.)

Tax Implications
FLI benefits are subject to federal income tax and to federal rules that apply to the reporting of income and payment of taxes. However, these benefits are not subject to New Jersey state income tax. When you file your application for benefits with the Department of Labor and Workforce Development, you can voluntarily have 10% of your benefits withheld for federal income tax. Following the end of each calendar year, you will be mailed a statement (Form 1099-G) of the total amount of benefits you received during the year. This information will also be given to the Internal Revenue Service (IRS) for tax reporting purposes. If you do not elect federal income tax withholding during application, you will be responsible for paying any applicable taxes.

Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA)
The FMLA and NJFLA are federal and state leave laws, respectively, that allow workers to take up to 12 work weeks of unpaid leave from their jobs in a 12-month period to care for themselves or family members who are ill or children who are unable to take care of themselves. Veritas will require you to take leave under FMLA and NJFLA at the same time they are receiving FLI (if applicable). FLI has a concurrent leave provision mandating FMLA and NJFLA to be taken concurrently with FLI, allowing a maximum entitlement of 12 weeks unpaid leave in a 12-month period. FLI does not allow an additional 6 weeks of leave beyond this entitlement.

FLI does not change either law in any way and is completely separate from them. It merely provides up to six weeks of paid benefits to workers who suffer a wage loss when they take time off work to care for others.

Claim Procedure
A claim must be filed with the Department of Labor and Workforce Development within 30 days after the commencement of a period of family leave. Download application forms from the Department of Labor and Workforce 's web site. A penalty may be imposed if the claim is filed late. You must also file a leave claim with Liberty (company code: Veritas) or call (844) 815-4441.

 Disability Claim/Leave Authorization Form (pdf)

View NJ FLI Effect on Benefits

Benefit Effect on Coverage
Health Care Benefits (Medical, Dental, Vision)
Life and AD&D Insurance
Employee Assistance Program
Coverage continues for the full length of leave.
Health Care Flexible Spending Account Coverage continues for the full length of leave. You may continue to incur expenses through the remainder of the calendar year and submit claims for eligible expenses (incurred prior to December 31) through March 31 of the following calendar year.
Dependent Care Flexible Spending Account Contributions cease after the week-long elimination period. Within 31 days after you return to work, you must re-enroll in the Dependent Care Flexible Spending Account (FSA) if you wish to continue your participation in this plan. If you fail to re-enroll, your annual Dependent Care FSA will be adjusted to reflect your year-to-date contribution. December 1 is the cutoff to make any changes to current benefit year.
PTO Accrual Ineligible
YTO No impact
Holiday Pay Ineligible
Business Travel Accident Insurance Coverage ceases at midnight on the last day of your active status (generally the last day worked).
Critical Illness Insurance
Pet, Auto and Home Insurance
Contributions and coverage cease with your last regular Veritas paycheck. MetLife will bill you directly and services will continue as long as you remit payment to MetLife.
Tuition Reimbursement Program Ineligible
ARAG Group Legal plan Contributions and coverage cease. You can continue coverage by contacting ARAG and paying for the plan directly.
401(k) plan Contributions and loan payments cease. Vesting is subject to the terms of the Plan.
Incentive Plan If you have eligible compensation as defined by the plan, you may be eligible to continue in the Annual Incentive Plan.
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