Introduced in January 2018, New York's Paid Family Leave (PFL) program provides workers with up to 12 weeks of 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.
2023 Update For Employers
In 2023, the list of family members for whom eligible workers can take Paid Family Leave to care for will include siblings with a serious health condition. This includes biological siblings, adopted siblings, stepsiblings and half-siblings.
PFL is funded through employee payroll deductions. For 2023, per the Department of Financial Services, the PFL payroll contribution rate will be 0.455% of an employee's weekly wage and is capped at an annual maximum of $399.43. Employees earning less than the New York State Average Weekly Wage ($1,688.19 per week) will have an annual contribution amount less than the cap of $399.43, consistent with their actual weekly wages.
PFL Funding
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 2023, per the Department of Financial Services, the PFL payroll contribution rate will be 0.455% of an employee's weekly wage and is capped at an annual maximum of $399.43. Employees earning less than the New York State Average Weekly Wage ($1,688.19 per week) will have an annual contribution amount less than the cap of $399.43, consistent with their actual weekly wages.
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.
Benefits
Starting January 1, 2023, the Paid Family Leave wage replacement benefit is increasing; in 2023, 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 $1,688.19. The maximum weekly benefit for 2023 is $1,131.08. 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 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/PFL coverage is obtained by certain types of businesses, there could be a delay in benefits eligibility. Sole proprietors, the self-employed, partners, LLCs and LLPs who obtain voluntary DB/PFL coverage within the first 26 weeks of starting a business may become eligible for PFL after having worked 26 weeks But for those same types of businesses who obtain coverage after 26 weeks of starting a business, there is a two-year waiting period before becoming eligible for PFL benefits.
Additional Information
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.) For more information regarding Paid Family Leave, please visit the New York State Paid Family Leave website.
Forms/Resources:
All forms below are hosted by the state's Paid Family Leave website.
- Employee Notice of Paid Family Leave Payroll Deduction for 2023
- 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 2, 2022.