New Jersey Short Term Disability and Pregnancy

New Jersey is one of the few states that has short term disability laws provide short-term disability insurance for its workers. New Jersey’s Short-term disability insurance is part of their unemployment insurance. It is funded through payroll deductions, similar to those taken for Social Security Benefits.

Eligible Short Term Disabilities and Laws in NJ

A worker becomes eligible for benefits when they suffer a loss of wages due to a non-work related illness or accident. To receive benefit payments, a person must:

• To have a valid claim, you must have had at least 20 calendar weeks (“base weeks”) in New Jersey covered employment in which you earned $145 or more
• or have earned $7,300 or more in such employment during the 52 weeks (“base year”) immediately before the week in which you became disabled.
• File a claim in accordance with regulations.
• Serve a 7-day non-payable waiting period
• Submit to a reasonable medical examination, if required.

Pregnancy Disability Law in New Jersey

Pregnancy and any related illness or complication is one of the medical conditions covered under New Jersey’s short-term disability insurance. An employee can take up to four weeks before the birth of a child and as much as 6 weeks after the birth of a child in a normal pregnancy. Additional weeks can be granted with proper physician certification in cases of difficult pregnancies.

Disabilities Related to Pregnancy that are Eligible for Benefits

Any condition related to pregnancy that causes disability is eligible for benefits. The employee has additional protection against discrimination because of pregnancy through the federal Pregnancy Discrimination Act.

Pregnancy Disability Leave Law

Women in New Jersey can take maternity disability leave like any other employee requesting disability leave. There are no separate maternity leave laws. Pregnancy leave cannot be filed early. The claim cannot be paid until:

• The pregnancy becomes disabling, and
• There is a loss of wages, and
• A doctor certifies that you are disabled.
• Leave may be up to four months unpaid

Pregnancy and Short Term Disability Problems with Employers

• Women are entitled to receive the same benefits as another employee would receive under a non-pregnancy related temporary disability.
• Women are entitled to reasonable accommodation in their work.
• Upon returning to work, a woman must be reinstated to a position that is the same or similar to the one held previously, both in tasks as well as in pay.
• The employer cannot retaliate against you for requesting or taking PDL.
• Employer cannot discriminate based on pregnancy.

Filing a Claim

Claims for disability benefits are designed to be made through the mail. Form DS-1, “Claim for Disability Benefits,” may be obtained from the employer; union; or the Division of Temporary Disability Insurance,

Help from a Disability Employment Attorney

It would be wise to consult with an experienced disability employment attorney early if you feel you have been discriminated against, or that your rights under the any of New Jersey programs have been violated or if you need assistance in applying or qualifying for benefits under these programs. An experienced disability employment attorney can explain your rights to you and help you protect them.