On January 1, 2018, New York’s Paid Family Leave law will go into effect. The benefits are to be funded by a weekly contribution of each employee’s weekly wages, which is now 0.126% of the weekly wage (capped at New York State’s current average weekly wage of $1,305.92). Employees will be eligible if he/she: (1) regularly works a schedule of at least 20 hours per week, at which point he/she will become eligible for leave after 26 consecutive weeks of work; or (2) works less than 20 hours per week, at which point he/she becomes eligible for leave after the 175th day of work.
The law incrementally increases the paid family leave allowance between 2018 and 2021 as follows:
- 2018: 8 weeks – 50% of employee’s salary, capped at 50% of the state average weekly wage
- 2019: 10 weeks – 55% of employee’s salary, capped at 55% of the state average weekly wage
- 2020: 10 weeks – 60% of employee’s salary, capped at 60% of the state average weekly wage
- 2021: 12 weeks – 67% of employee’s salary, capped at 67% of the state average weekly wage
The State recently released the application forms for employees to request Paid Family Leave. These forms, which vary based on the reason for leave, are available at:
- Care for family member: https://www.ny.gov/sites/ny.gov/files/atoms/files/careforfamilymember.pdf.
- Military-related: https://www.ny.gov/sites/ny.gov/files/atoms/files/military.pdf.
These forms should be made available to employees and employers should review their policies to confirm compliance with the law.