The New York Paid Family Leave Law (PFLL), which becomes effective January 1, 2018, will, when fully phased in, result in eligible employees being entitled to up to 12 weeks of paid family leave when they are out of work for certain qualifying reasons. The paid family leave program is intended to be funded entirely through employee payroll deductions and employers are not required to fund any portion of this benefit. The proposed regulations issued by the New York Workers’ Compensation Board provide that employers are permitted, but not required, to begin to collect weekly contributions on July 1, 2017.
Paid Family Leave is designed to phase in over four years, starting January 1, 2018. Schedule:
Paid Family Leave coverage will be added to your company’s NYS Disability Policy as an additional rider or you may self insure. Please contact your carrier.
The premium will be fully funded by employees through payroll deductions. The weekly employee contribution is 0.126% of the employee’s weekly wage (capped at the NYS current weekly wage of $1305.92) with a maximum contribution of $1.65 per week. This rate is subject to change every year.
Employers may choose to fund this without deduction from the employee.
Employers will be required to provide written notice to employees of their rights in any employee handbook or written leave policy. A notice posting from the Workers Comp Board will also be required.
Employees may take the maximum benefit length in any given 52-week period. The 52-week clock starts on the first day the employee takes Paid Family Leave.
Virtually every full-time or part-time private employee in New York State will be eligible for Paid Family Leave. Participation in the program is not optional for employees. An employee must be employed full-time for 26 weeks or part time for 175 days to be eligible for a Paid Family Leave Benefit.
Employees do not have to take all of their sick leave and/or vacation before using paid family leave. An employer may permit you to use sick or vacation leave for full pay, but may not require you to use this leave.
Employees are guaranteed job protection upon return from Paid Family Leave and also guaranteed continuation of health insurance while out on Paid Family Leave. An employee who contributes to the cost of health insurance must continue to pay his or her portion of premium cost.
The PFLL does not apply to leave needed for the employee’s own health condition.
Click here to find out what type of leave is eligible.
