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A4358
ASSEMBLY, No. 4358
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblywoman� SHAMA A. HAIDER
District 37 (Bergen)
SYNOPSIS
���� Provides eight weeks of pregnancy-related temporary
disability leave benefits after delivery date.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning temporary disability
leave and amending P.L.2018, c.122
.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1. Section 1 of P.L.2018,
c.122
(C.43:21-39.5) is amended to read as
follows:
���� 1. a. Notwithstanding any
provision of law to the contrary, when a covered individual applies for
temporary disability benefits for disability resulting from pregnancy or the
birth of a child, the plan administering the covered individual's benefits shall
automatically process an application for that individual for the paid family
leave benefits program, unless the individual affirmatively opts out of that
program, such that the individual shall be required to submit only one
application for both programs. �The application for benefits shall be processed
to allow the paid family leave benefits, if approved, to begin immediately
following the end of the temporary disability benefits, unless the individual
notifies the plan that the individual wants to postpone or opt out of the paid
family leave benefits.� A covered individual who is approved for benefits under
this section shall notify the plan administering the covered individual's
benefits of the date on which the covered individual will return to work, and
shall notify the plan administering the benefits if the covered individual
returns to work on an earlier date.��
���� The provisions of this act
shall apply to the State plan and a private plan which holds temporary
disability insurance and family leave insurance for the individual.� A private
plan that offers only temporary disability benefits shall provide to its temporary
disability claimants written notice of the application process for family leave
benefits concurrently with issuing its written approval of temporary disability
benefits.� A private plan that offers both temporary disability benefits and
paid family leave benefits shall adopt procedures for effectuating the
provisions of this act, so individuals are only required to submit one
application for both temporary disability benefits and family leave benefits.
���� b.��� A covered individual who
is approved for temporary disability benefits for disability resulting from
pregnancy shall be entitled to four weeks of benefits before the expected
delivery date and
[
six
]
eight
weeks of benefits after the actual delivery date.� The covered individual shall
recertify for benefits no later than two weeks following the actual delivery
date, and shall not be required to recertify at any other time during the
benefit periods.� A covered individual shall receive a longer period of
disability before the expected delivery date or after the actual delivery date,
if the covered individual provides the plan administering the benefits with a
certification from a health care provider that the longer period is necessary.
(cf: P.L.2018, c.122, s.1)
���� 2. This act shall take effect
immediately and apply to any application for benefits filed on or after the
effective date.
STATEMENT
���� This bill provides that a
covered individual who is approved for temporary disability benefits for
disability resulting from pregnancy is entitled to eight weeks of benefits
after the actual delivery date. Current law provides that after the actual
delivery date, a covered individual is entitled to six weeks of benefits.