--- title: "Benefits for Servers in New Jersey" description: "New Jersey pays 85% of your average weekly wage on family leave or disability, gives earned sick leave at any employer, and has its own EITC from age 18." url: https://www.tipmaxapp.com/us/answers/new-jersey/benefits language: en publisher: TipMax (Entermaurs Incorporated) date_published: 2026-09-23 last_verified: 2026-09-23 --- # What benefits can servers get in New Jersey? **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 rules in New Jersey | Rule | What it says | | --- | --- | | Family Leave Insurance | Up 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 Insurance | Cash 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, 2026 | For either program: 20 weeks earning at least $310 a week, or $15,500 total in the base year. | | Benefit and cost, 2026 | 85% 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 leave | Employers 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, 2025 | 40% 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, 2025 | Up 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 FamilyCare | Coverage 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 Savings | A 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, https://www.nj.gov/labor/myleavebenefits/worker/fli/) ## 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 - [New Jersey Division of Temporary Disability and Family Leave Insurance: Family Leave Insurance](https://www.nj.gov/labor/myleavebenefits/worker/fli/) - [New Jersey Division of Temporary Disability and Family Leave Insurance: Temporary Disability Insurance](https://myleavebenefits.nj.gov/worker/tdi/) - [New Jersey Department of Labor: Earned sick leave](https://www.nj.gov/labor/myworkrights/leave-benefits/sick-leave/) - [New Jersey Division of Taxation: Know NJEITC](https://www.nj.gov/treasury/taxation/eitc/knoweitc.shtml) - [New Jersey Division of Taxation: Calculate NJEITC](https://nj.gov/treasury/taxation/eitc/howmucheitc.shtml) - [New Jersey Division of Taxation: NJEITC FAQ](https://www.nj.gov/treasury/taxation/eitc/eitcfaq.shtml) - [New Jersey Division of Taxation: Child Tax Credit](https://www.nj.gov/treasury/taxation/individuals/childtaxcredit.shtml) - [New Jersey DMAHS: NJ FamilyCare for adults](https://www.nj.gov/humanservices/dmahs/individuals-families/familycare/adults/) - [GetCoveredNJ: New Jersey Health Plan Savings](https://www.nj.gov/getcoverednj/financialhelp/premiums/) ## Last verified September 23, 2026. 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. ## About TipMax New Jersey’s leave test counts weeks you earned $310 or more, and a weekly total of your shifts shows how many of those you had. TipMax is an iPhone app for servers and bartenders that tracks tips and tip-outs and turns a restaurant menu into study flashcards. Download TipMax free: https://apps.apple.com/us/app/tipmax-study-track-earn/id6744850146 --- 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.