On July 19, Governor Cuomo announced final regulations implementing New York's nation-leading Paid Family Leave (PFL) program. The state's PFL program will provide New Yorkers 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.
The New York State Workers' Compensation Board has created a fact sheet for employees with additional details.
NYSIF notified disability benefits (DB) policyholders in April that PFL will be added to DB policies effective January 1, 2018. Employees of private employers with a NYSIF disability benefits policy will be automatically covered for PFL under the DB policy.
PFL will be funded through employee payroll deductions. The Department of Financial Services has set the rate for PFL at 0.126% of the employee’s weekly wage, not to exceed 0.126% of the current New York State average weekly wage (AWW) of $1,305.92. Employers may begin employee payroll deductions for PFL as of July 1, 2017.
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 benefits of this program initially offer up to 8 weeks of paid leave at 50% of the employee's AWW, up to the maximum benefit of 50% of the New York State AWW. 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.
For more information regarding Paid Family Leave, please refer to the following New York State resources:
- New York State Paid Family Leave Website
- New York State Paid Family Leave Help Line: (844) 337-6303
- Workers' Compensation Board Notice of Adoption of final regulations in the July 19, 2017, edition of the State Register
- The Department of Financial Services final regulations, issued May 31.
Employee Paid Family Leave Opt-Out and Waiver of Benefits (PFL-Waiver)
(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.)