New York State Paid Family Leave

Beginning January 1, 2018, New York employees may take job-protected, paid leave to bond with a new child, care for a seriously ill family member, or for a qualifying military exigency. This benefit will be phased in over four years beginning with 8 weeks of paid leave in 2018, 10 weeks in 2019 and 12 weeks in 2021.  Full-time employees are eligible for this benefit after 26 weeks of employment.  The benefit will be 50% of an employee’s salary capped at 50% of the State Average Weekly Wage beginning in 2018, increasing to a 67% benefit capped at 67% of the State Average Weekly Wage in 2021.

What does this mean for Employers with New York Employees?

The February 2017 draft regulations of the New York Paid Family leave (expected to be finalized in June 2017) requires that employers meet the following requirements:

  • Employers must continue health coverage for any employee using NY Paid Family Leave.  However, employees are required to pay his or her portion of the premium while on leave.  (380-7.4)
  • Employers are required to reinstate employees taking Paid Family Leave to his or her employment.  (380-8.1)
  • Employers are required to purchase Paid Family Leave insurance or self-insure.  The premium for the policy may be paid for by your employees.  Employers need to contact their current New York Disability Benefits carrier to add Paid Family Leave coverage.  For employers with disability coverage, the disability and family leave benefits must be provided by a single insurance policy.  (380-10.2)
  • Complete the Employer portion of the Request for Paid Family Leave (Form PFL-1) for each employee who files a Paid Family Leave Claim.  (Draft version of form)

Final Paid Family Leave Regulations are pending and will be released by June 2017. If you have questions regarding New York Paid Family Leave, The Larkin Company is here to help.  Please contact us and we will schedule a time to review your plans and policies.