New York Paid Family Leave
How employers should prepare
- Final regulations were released by the Work Comp Board in New York. View the updated paid leave information.
- Under Paid Family Leave (PFL) regulations, you may begin deductions as of July 1, 2017. It is up to you to determine whether you will begin withholding prior to January 1, 2018.
- If applicable, you will want to begin speaking with your payroll service provider about beginning the employee payroll deduction no later than January 1, 2018.
- Paid Family Leave benefits are funded entirely through an employee payroll deduction.
- The rate will be 0.126% of an employees’ weekly wage up to and not to exceed the statewide average weekly wage ($1,305.92 for the entire year 2018).
- Inform employees when payroll deductions will begin.
- Deductions are required by the employee from the first date of employment; unless the employee does not expect to be eligible based on temporary work status and completes a waiver.
- Full-time employees (20 or more hours per week) are eligible for benefits after 26 consecutive weeks of employment with their current employer.
- Part-time employees (less than 20 hours per week) are eligible after working 175 days.
- Previous time with a different employer does not count toward eligibility.
- Paid Family Leave benefits are available beginning January 1, 2018. Information on how to request benefits will be available in advance of this date.
- Benefits are available to eligible employees to take time for bonding, to care for a seriously ill family member or when a family member is called into active military service.
- Employees cannot receive benefits under the New York State Disability Benefits Law (DBL) at the same time as Paid Family Leave. The total time taken for both DBL and PFL cannot exceed 26 weeks in a 52-week time period.
- Covered time off is considered job-protected time.
- The benefit amount and available time will increase over the next several years but is subject to change by the state of New York.