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Understanding New York’s Paid Family Leave Program

May 10, 2017

Written by Complete Payroll

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New York’s Paid Family Leave (PFL) program provides wage replacement and job protection for employees who need to care for family members, bond with a new child, or assist when a family member is called to active military service. Since its inception, the program has become a robust support system for workers, offering up to 12 weeks of leave with guaranteed job protection.

Overview of New York’s Paid Family Leave Benefits

The PFL program allows eligible employees to:

  • Bond with a new child (birth, adoption, or foster care) within the first 12 months.
  • Care for a family member with a serious health condition, such as cancer treatment, surgery recovery, or ongoing care.
  • Assist family members called to active military duty, including attending to needs when a spouse, child, or parent is deployed or about to be deployed.

The program also ensures that employees maintain their health insurance while on leave, as long as they continue to pay their portion of the premium. This includes protections against job loss, as employees are entitled to return to the same or a comparable role.

Paid Family Leave Timeline and Key Dates

As of 2024, New York’s PFL is fully implemented, allowing eligible employees to take up to 12 weeks off while receiving 67% of their average weekly wage, capped at the statewide average weekly wage.

The PFL program is fully funded by employee payroll contributions, which are set and adjusted annually. Employers should check the official New York Paid Family Leave contribution page to confirm the most recent rates for payroll deductions.

Eligibility Requirements for Paid Family Leave in 2024

Virtually all private employees in New York are covered under the PFL program. The eligibility criteria include:

  • Full-time Employees: Eligible after 26 consecutive weeks of employment.
  • Part-time Employees: Eligible after working 175 days.

Public employees may be covered if their employer chooses to participate. Employees do not need to exhaust other paid time off (PTO) like vacation or sick days before accessing Paid Family Leave.

Key Benefits of New York's Paid Family Leave

  • Wage Replacement: In 2024, employees are entitled to 67% of their average weekly wage during their leave, with a cap at the state’s average weekly wage.
  • Job Protection: Employees are guaranteed job security during their leave, ensuring they can return to their previous or a comparable position.
  • Health Insurance Continuation: Employers must continue health insurance benefits during the leave period, with employees maintaining their contributions.

Paid Family Leave Covered Situations

  1. Maternity and Paternity Leave:

    • Parents expecting, fostering, or adopting a child are eligible for Paid Family Leave. The leave is available only after the child’s birth or adoption.
    • PFL does not cover prenatal conditions, and leave must be taken within the first 12 months following the birth, adoption, or fostering event.
  2. Caring for a Family Member:

    • PFL covers care for a spouse, domestic partner, child, parent, grandparent, grandchild, or in-law with a serious medical condition. This includes conditions that require inpatient care or continuing treatment from a healthcare provider.
    • Examples include recovery from surgery, chemotherapy, or managing chronic conditions that necessitate ongoing supervision.
  3. Military-Related Leave:

    • Paid Family Leave is available to address issues arising when a family member is deployed or has received notice of deployment.
    • Qualifying events include attending military briefings, arranging childcare, or making financial and legal arrangements related to deployment.

Preparing Your Business for 2024 Compliance

New York employers must facilitate employee access to Paid Family Leave through mandatory payroll deductions and proper insurance coverage. Employers must:

  • Deduct the annual employee contribution rate from payroll. For the most current rate, refer to the official contribution details.
  • Maintain accurate documentation and ensure employees understand their rights. Offering a clear and accessible Paid Family Leave policy can help reduce confusion and streamline the process.
  • Collaborate with insurance brokers to integrate PFL coverage into your existing disability insurance policy.

New York Paid Family Leave: Steps for Employees

Employees seeking to use Paid Family Leave must follow these steps:

  1. Provide 30 Days' Notice: Whenever possible, employees should give 30 days' advance notice before taking leave, especially for foreseeable events such as birth or planned medical care.
  2. Submit Required Documentation: Depending on the type of leave, employees need to provide appropriate paperwork, like medical certification forms or proof of a family member's military duty.
  3. Notify the Employer: Keep the employer informed throughout the leave process, ensuring clear communication to facilitate a smooth transition.

2025 and Future Considerations

Looking ahead, New York State continues to review and refine the Paid Family Leave program. In 2025, additional adjustments may be made to the contribution rates or coverage specifics to align with inflation and the needs of the workforce. Employers and employees should stay informed through official resources such as the New York Paid Family Leave website.

Resources and Tools for Employers

Visit the official employer resource page for access to forms, FAQs, and additional support.

DISCLAIMER: The information provided herein does not constitute the provision of legal advice, tax advice, accounting services or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional legal, tax, accounting, or other professional advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation and for your particular state(s) of operation.

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