Everything You Need to Know About Paid Family Leave in New York State

New York State’s Paid Family Leave Program provides paid leave to bond with a new child, care for a loved one with a serious health condition, or to help relieve family pressures when someone is called to active military service.

New York Paid Family Leave Law applies to any employees of employers covered by the New York State Worker’s Compensation Law, regardless of the size of the employer. Public employers may opt-in to the program.

Overview

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 exigencies arising when a family member is called to active military services.

Employees may take the maximum benefit length in any given 52-week period. The maximum benefit is 12 weeks. The 52-week clock starts on the first day the employee takes Paid Family Leave.

Eligibility

An employee must be employed full-time for 26 consecutive work weeks or part-time for 175 days to be eligible. 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.

Funding

Paid Family Leave coverage is included under the disability policy all employers must carry. The premium is fully funded by employees through payroll deductions.

New York released its updated Paid Family Leave contribution rates. Effective January 1, 2024, the employee contribution rate is 0.373% (down from 0.455% in 2023) of gross weekly wages up to an annual maximum of $333.24 (down from $399.43) in 2023). The average weekly wage is $1,718.15 (up from $1,688.19 in 2023). The maximum weekly benefit will increase from $1,131.08 to $1,151.16. Employers should update their payroll calculations accordingly.

Action Items for Employers

• Contact your current New York Disability Benefits carrier to make sure 2024 rates are accounted for.
• Review and update employee handbooks and written leave policies.
• Review the New York State Paid Family Leave homepage and Cost and Deductions page.

For additional information about leave of absence management from an employer perspective, review the resources on our solutions page.