Enacted in January of 2018, the underlying objective of the New York paid family leave program is simple: If you, as an employee, need to take time off, be it for medical illness, pregnancy, new parenthood, active duty deployment, or a distressing personal event, New York State will now pay you a ration of your salary in weekly installments for up to 12 weeks. This money stems from the portion of your salary that you would have been earning.
What are the details of the NYPFL?
Here's a summary of the details:
- The NYPFL was signed into law by Gov. Andrew Cuomo
- It was finalized by the New York Worker’s Compensation Board (WCB) in July 2017
- The law guarantees job-protected, paid, time off to almost every full-time private-sector New York employee
- The law also covers almost every part-time private-sector New York employee
- The received benefit are calculated based on the state's average income
How much can I earn on the New York Paid Family Leave?
The New York State Family Paid Leave Benefits Law is currently on a four-year plan. This plan will have employees earning a larger percentage of income in their time off with each passing year. However, the amount earned is capped at the state's average weekly income (not your average weekly income). Here's a rundown of how the next four years will roll out:
Year 1 (Jan. 2018): Weeks off - 8, Pay Recovered - 50%
Year 2 (Jan. 2019): Weeks off - 10, Pay Recovered - 55%
Year 3 (Jan. 2020): Weeks off - 10, Pay Recovered - 60%
Year 4 (Jan. 2021): Weeks off - 12, Pay Recovered - 67%
As an employer, how does the Paid Family Leave Law affect me?
New York private-sector employers must adhere to the NY Paid Family Leave’s mandates (including its employee notice provisions) no later than Jan. 1, 2018. Therefore, it is paramount that employers are currently complying with the NYPFL. I would advise training your HR staff on the new benefits law, if you haven't already, immediately, as well as familiarizing them with employee's new rights and benefits. For a more in-depth look at the NYPFL and its requirements, and recommendations, refer here.
In enacting the New York Sate Paid Family Leave, New York has now joined California, Rhode Island and New Jersey. As of now, these are the only states in the nation that provide paid family leave benefits. The NY Paid Family Leave Act is one of the most comprehensive paid family leave laws in the nation.
As an employer, you might want to discuss how this will affect your company with a NY State employment lawyer. For more information, or for a free consultation on employment related legal issues, contact top NYC employment lawyer Joe Carbonaro today.