New York

Below you will find any recent or upcoming changes to the family and medical leave and/or leave income replacement benefit law(s) within this state.

New York Paid Family Leave (PFL) benefits

What is the Update?

New York Paid Family Leave (PFL) benefits

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.

New York Disability Benefits Law (DBL)

Update (11/11/22): The state has updated the NY DBL (disability benefits) Statement of Rights (DB-271S). As a reminder, the state also recently updated the NY PFL (paid family leave benefits) Statement of Rights (DB-271S) form. You can find the updated version of each Statement of Rights form below (see “Notice Requirements”). The Statement of Rights forms should be provided to a New York employee who is requesting leave for qualifying DBL or PFL reason. If you are our client, the Larkin Company will provide this form to your employees when they request leave.

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 New York PFL and DBL statement of rights, as referenced above, should be provided when an NY employee requests a leave. These forms can be found here: DB-271S    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

Please ensure as a company you are offsetting any salary continuation/company top-up pay aligned with the updated weekly benefit rate maximum, effective 2023. Note: claims that begin after this date are eligible for the new 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. The Larkin Company will adjust offsets for any top-up (leave of absence pay) calculations or STD, accordingly, if we handle these services for you.

Please also be sure to adjust your contributions in line with the updates, effective 2023.

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Disclaimer

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.