COVID-19 and PFL
Paid Family Leave may be available in some situations when an employee or their minor, dependent child is under an order of quarantine or isolation due to COVID-19. (See the New York State COVID-19 quarantine leave page for full details.)
NYSIF Paid Family Leave
Introduced in January 2018, New York’s state'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.
PFL is part of your NYSIF disability benefits (DB) policy, but does not replace DB coverage. Some employees may be eligible for benefits from both PFL and DB, although they may not be taken simultaneously. Employers are required to inform their employees of all available benefits.
Starting January 1, 2022, the maximum 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 12 weeks. The Paid Family Leave wage replacement benefit is increasing; in 2022, employees taking Paid Family Leave will receive 67% of their average weekly wage, up to a cap of 67% of the current Statewide Average Weekly Wage of $1,594.57. The maximum weekly benefit for 2022 is $1,068.36. Please visit the state Paid Family Leave website for a list of Frequently Asked Questions.
PFL is funded by employee contributions via payroll deduction. As an employer, you are responsible for collecting the appropriate PFL contributions to cover the cost of the program. The employee contribution rate is set by the Department of Financial Services every year to match industry-wide changes in the cost of insurance coverage.
For 2022, per the Department of Financial Services, the PFL payroll contribution rate will be 0.511% of an employee's weekly wage and is capped at an annual maximum of $423.71. Employees earning less than the New York State Average Weekly Wage ($1,594.57 per week) will have an annual contribution amount less than the cap of $423.71, consistent with their actual weekly wages.
For 2021, per the Department of Financial Services, the PFL payroll contribution rate will be 0.511% of an employee's weekly wage and is capped at an annual maximum of $385.34. Employees earning less than the New York State Average Weekly Wage ($1,450.17 per week) will have an annual contribution amount less than the cap of $385.34, consistent with their actual weekly wages.
Employees with a regular work schedule of 20 or more hours per week are eligible after 26 weeks of employment. The program offers 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.
Avoid a Delay in Benefits Eligibility
Depending on when DB coverage is obtained by certain types of businesses, there could be a delay in benefits eligibility. Sole Proprietors and Partners, members of LLCs or LLPs, and other self-employed individuals who are seeking coverage within 26 weeks after the start of a new business (or first becoming a sole proprietor, partner or member within an existing business) are not subject to a two-year waiting period. Any existing Sole Proprietors and Partners, members of LLCs or LLPs, and other self-employed individuals (who have been in business longer than 26 weeks) may opt-in to PFL coverage. However, there is a two-year waiting period before they are eligible for PFL benefits.
For more information regarding Paid Family Leave, please visit the New York State Paid Family Leave website. Links to the rules and regulations governing PFL are listed below.
- Workers' Compensation Board Final Regulations (Notice of Adoption published in the July 19, 2017, edition of the State Register)
- The Department of Financial Services Final Regulations (issued May 31, 2017)
All forms below are hosted by the state's Paid Family Leave website and are available in other languages.
- Employer’s Application for Voluntary Coverage (No Employee Contribution) (PFL-135)
- Employer’s Application for Voluntary Coverage (Employee Contribution Required) (PFL-136)
- Statement of Rights for Paid Family Leave (PFL-271S)
- Employee Paid Family Leave Opt-Out and Waiver of Benefits (PFL-Waiver)
- Model Language for Workplace Written Materials: Sample PFL language for customizing handbooks and other written guidance for employees.
This page was updated September 30, 2021.