Leave administrator working with client

New York

New York has had a long-standing disability benefit (that has not changed for many years) and rolled out their Paid Family Leave (PFL) program in 2018.

Leave administrator working with client

New York Paid Family Leave (PFL) benefits

What is the Update?

In 2022, employees can still receive up to 67% of their average weekly wage for 12 weeks. The maximum weekly benefit, however, increased to $1,068.36 (previously $971.61).

The employee contribution rate remains at 0.511% in 2022(the same as 2021). However, the state average weekly wage was updated in 2021 to $1,594.57 which makes the taxable wage ceiling for PFL $82,917.64.  As a result, the maximum contribution per employee in 2022 increased from $385.34 to $423.71.

Further, effective next year in 2023, the PFL program will allow employees to take paid leave to care for a sibling. The definition of “siblings” is defined as a biological or adopted sibling, a half sibling or stepsibling.

Update (09/06/22): The DFS has announced the 2023 premium contribution rate for Paid Family Leave benefits. The contribution rate effective 2023 will decrease to 0.455%, while the maximum contribution per employee will subsequently decrease to $399.43. Earlier this year, the state average weekly wage was updated to $1,688.19 resulting in a taxable wage ceiling of $87,785.88 for 2023. Lastly, the maximum weekly benefit amount for employees will increase to $1,131.08.

Handbook/Policy Updates

It is required that PFL information be included in your handbook. Therefore, we recommend updating your handbook for 2023 to include “sibling” as a family member under the PFL program.

The Larkin Company will provide a reminder concerning this action item (e.g., via our newsletter).

Notice Requirements

The department has released an updated Statement of Rights (workplace poster) for New York Paid Family Leave for the 2023 year. You should replace your 2022 poster with the 2023 version, effective January 2023. You can find the 2023 version here, or below in our Resources section: PFL-271S (2023)

Larkin Action

The Larkin Company we will be updating our leave packets in line with the updates for 2023.

Further Company Considerations 

We recommend you confirm with your payroll team that they have updated your payroll system, effective 2023, to align with the update above concerning the 2023 employee contribution rates.  

Ensure you are offsetting any salary continuation/company top-up pay aligned with the new benefit rate maximum, where applicable.  The Larkin Company will adjust offsets for any top-up (leave of absence pay) calculations, accordingly, if we handle these services for you.

*Reminder: claims that start in 2022 will be awarded 2022 benefit rates. Claims that begin on or after January 1, 2023, will be eligible for the new maximum benefit rate. Exception: employees may be eligible for the increased maximum benefit rate if they experience a new qualifying event or if more than three months have passed since the last day of leave from their original Paid Family Leave claim.

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The Larkin Company has taken reasonable steps to ensure the accuracy of the information on this page, however we make no representation or warranty of any kind as to its accuracy or completeness. These resources should not be construed or substituted for legal advice. Accordingly, before taking any actions based upon such information provided herein, we encourage you to seek competent legal advice from a licensed attorney or appropriate professionals.