Filing a Paid Family Leave Claim

Introduced in January 2018, New York's Paid Family Leave (PFL) program provides workers with job-protected, 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 deployed abroad on active military service.

Paid Family Leave does not replace disability benefits (DB) coverage. Some employees may be eligible for both paid family leave and disability benefits, although they may not be taken simultaneously. Employers must inform their employees of all available benefits.

2020 Update

Starting January 1, 2020, the number of weeks eligible employees can take to bond with a new child, care for a sick family member, or assist loved ones when a family member is deployed abroad on active military service remains at 10 weeks. The Paid Family Leave wage replacement benefit is increasing; 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. Please visit the state Paid Family Leave website for a list of Frequently Asked Questions.

For Employees

PFL is funded through employee payroll deductions. For 2020, per the Department of Financial Services, the PFL payroll contribution rate will be 0.27% of an employee's weekly wage and is capped at an annual maximum of $196.72. Employees earning less than the New York State Average Weekly Wage ($1,401.17 per week) will have an annual contribution amount less than the cap of $196.72, consistent with their actual weekly wages.

For example:

  1. Employees earning $519 a week ($27,000 a year) will pay about $1.40 per week: $519 x 0.270%.
  2. Employees earning $1,000 a week ($52,000 a year) will pay $2.70 per week: $1,000 x 0.270%.
  3. Employees earning the SAWW of $1,401.17 ($72,860.84 a year) or more will pay 0.270% x their gross wages each pay period until they reach the maximum of $196.72.

Employees with a regular work schedule of 20 or more hours per week are eligible after 26 weeks of employment. Employees with a regular work schedule of less than 20 hours per week are eligible after 175 days worked. The program will be fully implemented on January 1, 2021, and will offer up to 12 weeks paid leave at 67% of the employee's average weekly wages, up to the maximum benefit of 67% of the New York State AWW.

Taxability

Claimants who have received PFL benefits from NYSIF will receive a 1099-G form by January 31, 2020. Box 1 of the 1099-G will provide the claimant's total PFL benefit payments for 2019. Claimants must report this amount as income at the time of tax filing. If multiple PFL claims have been filed by the same claimant, NYSIF will issue separate 1099-Gs for each claim.

Direct Deposit

Paid Family Leave claimants are eligible to enroll in NYSIF direct deposit. First, you must register for a nysif.com online account. Further instructions can be found on our Direct Deposit page. Please note that PFL insurance is considered part of a policy's disability benefits coverage. You may notice that your claim is identified as a disability benefits (DB) claim.

2019 Information

For 2019, per the Department of Financial Services, the PFL payroll contribution rate will be 0.153% of an employee's weekly wage and is capped at an annual maximum of $107.97. Employees earning less than the New York State Average Weekly Wage ($1,357.11 per week) will have an annual contribution amount less than the cap of $107.97, consistent with their actual weekly wages.

For 2019, the number of weeks eligible employees can take to bond with a new child, care for a sick family member, or assist loved ones when a family member is deployed abroad on active military service is 10 weeks. In 2019, employees taking Paid Family Leave will receive 55% of their average weekly wage, up to a cap of 55% of the current Statewide Average Weekly Wage of $1,357.11. The maximum weekly benefit for 2019 is $746.41.

Forms

You must submit all forms to NYSIF within 30 days after the start of leave. Failure to do so may affect benefits. Please retain a copy of each submitted form for your records.

If you anticipate that you will be requesting PFL, but the qualifying event has not yet occurred, you may pre-file your claim with NYSIF. Please carefully review the Claimant Checklist for the type of leave you are requesting.

NYSIF PFL-BONDING
Pre-file or file a Paid Family Leave claim to Bond with a Newborn, a Newly Adopted Child or Fostered Child (included: Claimant Checklist, NYSIF PFL-1 & NYSIF PFL-2)
Qualifying Event: First day taken to bond with your newborn, adopted or foster child
NYSIF PFL-CARE
Pre-file or file a Paid Family Leave claim to Care for a Family Member with Serious Health Condition (included: Claimant Checklist, NYSIF PFL-1, NYSIF PFL-3, NYSIF PFL-4A & NYSIF PFL-4B)
Qualifying Event: First day taken to care for a family member with a serious health condition
NYSIF PFL-MILITARY
Pre-file or file a Paid Family Leave claim to Assist with Matters Arising from a Family Member's Call to Active Duty or Deployment (included: Claimant Checklist, NYSIF PFL-1, NYSIF PFL-5 & NYSIF PFL-5T)
Qualifying Event: First day taken to to assist with matters arising from a family member's call to active duty or deployment
PFL-271S
Statement of Rights for Paid Family Leave (This link provides this statement in other languages.)
PFL-Waiver
Employee Paid Family Leave Opt-Out and Waiver of Benefits (If an employee does not expect to work long enough to qualify for PFL (a seasonal worker, for example), the employee may opt out of PFL by completing the Waiver of Benefits Form and submitting it to the employer.)

Please note that NYSIF is one of many insurance carriers offering DB and PFL coverage. Before submitting your claim to NYSIF, please check to be sure NYSIF is your employer’s insurance carrier. Submitting your claim to the incorrect carrier will only delay your claim.

This page was updated September 18, 2019.

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