New York Paid Family Leave

In March 30, 2017
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The New York State Workers’ Compensation Board has released proposed regulations regarding the New York Paid Family Leave Law.  Under the new law, 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. If you are a public employee, your employer may opt into the program. Public employees who are represented by a union may be covered if Paid Family Leave is collectively bargained.
 

New York’s Paid Family Leave program provides wage replacement to employees to help them bond with a child, care for a close relative with a serious health condition, or help relieve family pressures when someone is called to active military service.  Employees are also guaranteed to be able to return to their job and continue their health insurance. If you contribute to the cost of your health insurance, you must continue to pay your portion of the premium cost while on Paid Family Leave.

 

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.

 

Paid Family Leave is designed to phase in over four years, starting January 1, 2018. Schedule:

Year

Weeks Available

Max % of Employee Salary

Cap % of State Average Weekly Wage

1/1/2018

8

50%

50%

1/1/2019

10

55%

55%

1/1/2020

10

60%

60%

1/1/2021

12

67%

67%

 
Employees may take the maximum benefit length in any given 52-week period. The maximum benefit is eight weeks during the first year, 10 weeks during the second and third years, and 12 weeks the fourth and subsequent years. The 52-week clock starts on the first day the employee takes Paid Family Leave.
 
Paid Family Leave coverage will be included under the disability policy all employers must carry. The premium will be fully funded by employees through payroll deductions, expected to begin approximately July 1, 2017. A maximum rate of employees’ contribution will be established each year.
 

For additional information and requirements regarding the New York Paid Leave law, please refer to: https://www.ny.gov/new-york-state-paid-family-leave/paid-family-leave-how-it-works.

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