What benefits can servers get in New Jersey?

New JerseyVerified September 23, 2026

The short answer

Paid leave at 85% of your wages, and more. New Jersey’s Family Leave Insurance and Temporary Disability Insurance each pay 85% of your average weekly wage, up to $1,119 a week in 2026, if you earned at least $310 in 20 weeks or $15,500 in the base year. Every employer owes up to 40 hours of earned sick leave. The state EITC starts at age 18.

The rule in New Jersey

Family Leave InsuranceUp to 12 consecutive weeks, or up to 8 weeks of intermittent leave, in a 12-month period. File within 30 days of your first day of leave, online, by mail, or by fax.
Temporary Disability InsuranceCash benefits when a physical or mental health condition unrelated to work stops you from working, for as long as your provider certifies, up to 26 weeks.
Who qualifies, 2026For either program: 20 weeks earning at least $310 a week, or $15,500 total in the base year.
Benefit and cost, 202685% of your average weekly wage, up to $1,119 a week. Workers pay 0.23% of wages for family leave (up to $393.53) and 0.19% for disability (up to $325.09).
Earned sick leaveEmployers of every size owe full-time, part-time, and temporary workers 1 hour per 30 worked, up to 40 hours a year. You can carry over up to 40 unused hours.
NJ Earned Income Tax Credit, 202540% of your federal EITC. New Jersey doesn’t use the federal age limits: residents 18 or older can claim it with or without children. File an NJ-1040 even if your income is below the filing threshold.
NJ Child Tax Credit, 2025Up to $1,000 per child aged 5 or younger at taxable income of $30,000 or less, stepping down to $200 at $60,000 to $80,000. Refundable, on the NJ-1040.
NJ FamilyCareCoverage for adults 19 to 64 with family income at or below 138% of the poverty level: $1,836 a month for one person (2026 guidelines).
New Jersey Health Plan SavingsA state premium subsidy on top of federal help for GetCoveredNJ plans, for incomes up to 600% of the poverty level, or up to $93,900 for one person.
“Claimants are paid 85% of their average weekly wage, up to the maximum weekly benefit rate set for that calendar year.” (New Jersey Division of Temporary Disability and Family Leave Insurance: Family Leave Insurance)

What’s different in New Jersey

The eligibility test is written in dollars, not hours. In 2026 a “base week” is any week you earn $310 or more, and you need 20 of them, or $15,500 across the base year. A server who works a few slow weeks can still get there on the total.

Two tax details stand out. The federal EITC skips workers under 25 without children, but New Jersey lets anyone 18 or older claim its version. And the Division of Taxation says an EITC refund won’t count against SNAP, Medicaid, or housing asset limits for up to 12 months after you get it. That’s all in addition to the federal programs.

Official sources

Last verified

. Checked the agency pages linked above.

Still open: The leave insurance pages don’t say how reported tips count toward the $310 base-week test. Ask the Division of Temporary Disability and Family Leave Insurance if your wage alone falls short. Tax credit figures are for tax year 2025.

Related

TipMax Answers explains public government guidance on pay and workplace rules in plain English for tipped workers. It is not legal, tax, or accounting advice. Rules change and local rules can add to them. Confirm with the agency linked on this page or a qualified professional. TipMax the app helps you track tips and pay; it doesn’t enforce wage law or decide disputes.