New York State’s Paid Family Leave Act provides wage replacement to employees to help them bond with a child, to care for a close relative with a serious health condition or to help families when someone is called to active military service. If the employers is required to provide disability insurance it is required to provide Paid Family Leave (PFL). PFL also provides protection for employees against job loss and loss of health insurance while caring for qualified individuals.

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

Close relatives include:

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

Serious health conditions include:

• Illness, injury or physical or mental conditions that involve:
• Inpatient care in a hospital, hospice, residential health care facility
• Continuing treatment or continuing supervision by a health care provider

PFL is also available when a spouse, child, domestic partner or parent of an employee is on active duty or notified of impending call or order to active duty. PFL cannot be used for own disability or military qualifying event.

PFL began phasing in on January 1, 2018. Benefits are paid through an insurance policy that can be funded by employee payroll deductions or by the business. Part and full time employees are eligible.

• Full time (20 hours or more per 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 the employees’ gross annualized wage is $35,000 their 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 an employees’ average weekly wage is $750, their 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.

Employer Responsibilities

• Employers must display a poster of coverage at their place of business
• Employers must continue health insurance coverage available to the employee and arrange to collect premium contributions, if applicable