New York State's New Paid Family Leave Act | Scolaro Fetter Grizanti & McGough, P.C.

By: Daniel J. Fetter

In 2016, Governor Andrew Cuomo signed into law New York State’s Paid Family Leave Act, which provides wage replacement to eligible employees on a leave of absence as well as job reinstatement and continuation of health insurance.

Unlike the federal Family Medical Leave Act, New York’s Paid Family Leave program applies to mostly all private employers, regardless of size. To be eligible for Paid Family Leave benefits, employees must be employed full-time for 26 weeks or part-time for 175 days. In addition, leave must be taken for one of the following qualifying events: (A) to care for a child after birth/adoption/foster care placement within the first 12 months after birth or placement; (B) to care for a family member with a serious health condition; or (C) when a family member of the employee is called to active military service.

The Paid Family Leave program will take effect January 1, 2018, and will be subject to the following phase-in-schedule:

January 1, 2018 – Employees will be eligible to receive 50% of their salary for up to 8 weeks of leave; capped at 50% of state average weekly wage
January 1, 2019 – Employees will be eligible to receive 55% of their salary for up to 10 weeks of leave; capped at 55% of state average weekly wage
January 1, 2020 – Employees will be eligible to receive 60% of their salary for up to 10 weeks of leave; capped at 60% of state average weekly wage
January 1, 2021 – Employees will be eligible to receive 67% of their salary for up to 12 weeks of leave; capped at 67% of state average weekly wage

If the employee’s weekly wage is greater than the state average weekly wage, the employee will be capped at a percentage (depending on the phase of the program) of the state average weekly wage.

There is good news for employers. Paid Family Leave will be included under the employer’s disability policy and the premium will be paid for by employees. Payroll deductions are expected to begin July 1, 2017.

An important note for our agricultural clients: Farm laborers are not eligible for Paid Family Leave benefits.

If you have any questions, please do not hesitate to contact me or the attorney in our firm with whom you typically work.

To view this article in PDF format, please click here [NEW YORK STATE’S PAID FAMILY LEAVE ACT].