We're a 5-person, NJ company, one of those folks is going out on maternity leave, our private insurance plan doesn't offer STD & I need to figure out the rules. The employee's 2/3 weekly salary is over the $520. NJ max. Does the employee apply for the NJ coverage of $520. and our company make-up the difference? Does the 26-week max apply or is it less for maternity leave? Does our company have an obligation to contribute at all?

The max that they will receive is $502, even if that is less than 2/3s of their salary. They are not guaranteed 2/3 of their salary; they are guaranteed 2/3s of their salary UP TO THE MAXIMUM.

Yes, the 26 week maximum applies, but that does not mean they are entitled to 26 weeks. For ALL claims, pregnancy included, their benefits are ONLY for the period of time that their doctor certifies them as being medically disabled, with 26 weeks being the max. For maternity claims this is GENERALLY 4 weeks before birth and 6 weeks after, but a doctor can certify longer if there are complications.

Keep in mind that the state disability benefits relate ONLY to income replacement. How much leave you offer is up to you.

http://www.state.nj.us/labor/tdi/faq.htm

I spoke to a very helpful person in the NJ Dept of Labor office this morning. I learned that our company is not legally obligated to pay the employee STD insurance while they are out on leave. If the $502 NJ maximum benefit does not meet 2/3 of the weekly salary, it is solely up to the company as to whether or not they want to add to this amount.

Thank you for your help on this! I wish the State didn't make things so complicated, but since they do, I'm glad to have found this site!

I thought that's what I said. :confused:

But I'm glad we were able to help. C'mon back if you have more questions - that's what we're here for! :)