Overview: Starting January 1, 2018, New York’s Paid Family Leave requires employers to provide eligible full-time and part-time employees with paid, job-protected leave; to care for a newborn or newly adopted or placed child, care for a family member with serious medical condition, or deal with certain needs arising when a family member is called to active military services. Employees are also guaranteed to return to their job and continue their health insurance.
Eligibility: Full Time employees are eligible after 26 consecutive weeks of employment (6 months). Part time employees are eligible after 175 days of consecutive employment. Unlike FMLA – there is no minimum requirement of hours worked. Timeline: Paid Family Leave is designed to phase in over four years, starting January 1, 2018
|Year||Weeks Available in 52 Week Period||Max % of Employee Salary OR State Average Weekly Wage|
Usage: Employees do not have to take all of their sick leave and/or vacation before using paid family leave. An employer may permit use of sick or vacation leave for full pay, but may not require use of this leave. Employees can use their Paid Family Leave benefit intermittently, at no less than 1 day periods. For unforeseen events, Paid Family Leave does not require an employee to provide advanced notice to their employer. Limitations: Employees are entitled to a maximum of 26 weeks total per 52 week period for both NYS disability and Paid Family Leave.
Funding: 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.
Interactions with other laws: An employee is not able to receive both full disability benefits and paid family leave benefits at the same time. However, an employee may be able to supplement partial disability benefits with paid family leave benefits, up to the family leave benefit maximum, when combined with the partial disability benefit.
- Review current FMLA compliance
- Engage or establish relationship with a third party staffing agency
- Evaluate existing rules about accruing benefits while on leave
- Update employee handbook to include this provision
- Review payroll functionality for tracking Paid Family Leave time per employee