518-373-4111
With 2018 approaching, almost every employer in New York should be prepared to comply with the New York Paid Family Leave (NY PFL) law. To assist you, use this New York Paid Family Leave fact sheet to inform employees of their basic rights under the new law.
Starting January 1, 2018, NY PFL will provide paid time off so an employee can:
- bond with a newly born, adopted, or fostered child,
- care for a family member with a serious health condition, or
- assist loved ones when a family member is deployed abroad on active military duty.
ADDITIONAL PROTECTIONS
- Employees have a right to return to their same or comparable job upon return from PFL.
- Employees are guaranteed continued health insurance while on leave. Employers may require employees continue to pay their health insurance premium contributions.
- Citizenship and immigration status do not impact eligibility.
- Employers cannot discriminate against employees for taking PFL.
ELIGIBILITY
- Employees with a regular work schedule of 20 or more hours per week are eligible after 26 weeks of employment.
- Employees with a regular work schedule of less than 20 hours per week are eligible after 175 days worked.
BENEFITS
Benefits phase in over four years. In 2018, employees are eligible for up to eight weeks of paid leave at 50% of their average weekly wage (AWW), up to 50% of the New York State Average Weekly Wage (SAWW).
| YEAR | WEEKS OF LEAVE | BENEFIT |
| 2018 | 8 weeks | 50% of employee’s AWW, up to 50% of SAWW |
| 2019 | 10 weeks | 55% of employee’s AWW, up to 55% of SAWW |
| 2020 | 10 weeks | 60% of employee’s AWW, up to 60% of SAWW |
| 2021 | 12 weeks | 67% of employee’s AWW, up to 67% of SAWW |
These benefits are paid for through a small weekly payroll deduction.
HOW TO APPLY
- Employee notifies employer 30 days prior to leave, when practical.
- Employee fills out a claim form according to employer instructions. Claim forms are available from employer, insurance carrier, or ny.gov/paidfamilyleave.
- Employee obtains supporting documentation for leave (birth certificate, military deployment certification, etc.).
- Employee submits claim form and supporting documentation to insurance carrier or as directed by employer. Insurance carrier must pay or deny a claim within 18 days of receipt of the completed claim
For more information, visit our NY PFL Resource page, or contact us at (518) 373-4111.
