Employees-What You Should Know About the NYS Paid Family Leave Act

Starting last January 1, 2018, the NYS Paid Family Leave Act (PFLA) provides partial paid time off for private employees to:

  • Bond with newly born, adopted or fostered children
  • Care for family members with serious health conditions
  • Assist loved ones when a family member is on active duty or has been notified of an impending call or order of active duty.

NYS PFLA provides protection for employees against job loss and loss of health insurance coverage while caring for qualified individuals.

For more information on this topic please call our office at 518.636.5166 or email Rick.

Eligibility

Employees eligible

  • Full time (20 hours or more each week) after 26 weeks
  • Part time (less than 20 hours per week) after 175 days worked

The maximum contribution rate for PFL in 2020 will be 0.27% of the employee’s gross annualized wages capped at the New York State Average Weekly Wage (NYSAWW) of $72,860.84 per year.

This means the 2020 maximum annual contribution per employee for PFL is $196.72. So, for example, if your gross annualized wage is $35,000 your total annual contribution to PFL would be $94.50 or $1.81 per week.

In 2020, employees taking Paid Family Leave will receive 60% of their average weekly wage, up to a cap of 60% of the current Statewide Average Weekly Wage of $1,401.17. The maximum weekly benefit for 2020 is $840.70. *The weekly PFL benefit is capped at 60% of the New York State average weekly wage, which is $840.70. So, for example, if your average weekly wage is $750, your PFL benefit would be $450 per week.  The maximum weeks available for 2020 is ten weeks. Employees may take maximum benefits in any given 52 week period, starting on the first day the employee utilizes PFL.

Qualifying individuals include:

  • Spouse/Domestic Partner
  • Child/Grandchild
  • Parent/Parent-in Law
  • Grandparent

With

Serious health conditions including:

  • Inpatient care in a hospital, hospice or health care facility
  • Continuing treatment or continuing supervision of health care provider

OR

  • To bond with a newborn, adopted or fostered children as well as assisting loved ones when a family member is on active duty or been notified of an impending call or order of active duty.

Employees do not have to take all of their sick or vacation time before using Paid Family Leave.

Employee Responsibilities

  • Notify employer 30 days prior to leave, when practical
  • Request claim forms from Employer’s Insurance carrier and fill out while providing supporting required documentation
  • Submit claim form to insurance company who must pay or deny the claim within 18 days of receipt
  • Keep copies of all submitted documentation
  • Discuss health insurance coverage and required payments with employer if applicable

Additional PFLA Information

  • You must participate in the program if your employer offers disability insurance
  • The qualified family member does not have to live in New York State
  • Citizen and immigration status do no impact eligibility
  • Employers cannot discriminate against employees for taking PFL
  • For more information email our office  call (844) 337-6303 or visit ny.gov/paidfamilyleave