The current regulation defines family members as children, spouses, parents, grandparents, grandchildren and domestic partners.
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Paid Family Leave
Beginning in 2018, eligible employees can receive up to eight weeks leave and 50% of their pay (up to the statewide average weekly wage), with Paid Family Leave (PFL). These amounts will increase in 2019 and beyond, offering a tremendous benefit to employees.
At Bond, we’re here to help you understand both sides of this statutory benefit. We’re always available to help you navigate new regulations and understand their implications for your business. And we’re always eager to help your staff make the best use of the benefits that have an enormous impact on employee satisfaction.
What it's for
Eligible employees are allowed paid time off to bond with a new child or adopted child and can use their PFL time for up to a year following the birth of the child.
When a family member is called into active military service, eligible employees may take PFL time to accommodate their service.
Frequently Asked Questions
Who is an eligible employee?
A full-time employee who has worked for 26+ consecutive weeks or a part-time employee who has worked for 175+ days.
How is PFL different from FMLA?
The Family Medical Leave Act (FMLA) is a federal law requiring unpaid leave to be provided by employers with 50+ employees. PFL is a state law that requires paid leave for nearly all private-sector employees.
Do I, as an employer, have to pay for these benefits?
No. PFL benefits are funded by employee contributions through payroll deductions.
How much leave can my employee take and how much of their pay will they receive?
| Maximum Benefit Amount | ||||
|---|---|---|---|---|
| Benefit Stage Effective Date | Min. Length of Paid Leave | Payable % of employers Avg. Weekly Wage (AWW) | To the max. % of NY AWW | $ max. based on NY AWW of $1,305.92 |
| 1/2/2018 | 8 weeks | 50% | 50% | $652.96 |
| 1/1/2019 | 10 weeks | 55% | 55% | $718.26 |
| 1/1/2020 | 10 weeks | 60% | 60% | $783.55 |
| 1/1/2021 | 12 weeks | 67% | 67% | $874.97 |
What are my main responsibilities as an employer?
Employers are responsible for:
- Purchasing a PFL policy and setting up employee payroll deductions to fund the premium
- Maintaining the employee’s existing health insurance arrangements
- Ensuring that the employee returns to the same job position or to an equivalent position
Can my employee also take PTO or other sick leave benefits to enable them to maintain 100% of their salary while on leave?
While PFL cannot be used concurrently with NYS DBL, the employer can choose to allow employees to take vacation, sick, or other benefits while on leave, but may not require them to do so.
Can PFL be taken intermittently?
Yes, and successive periods of family leave caused by the same or a related injury or illness count as a single period if separated by less than three months.
Is there a "waiting period" before paid benefits are payable?
No. Unlike typical disability payments, which have waiting or elimination periods, benefits are payable on the first full day family leave is required.
Are there any employer notice requirements?
Yes. Employers are required to update their employee handbooks to include PFL. They are also required to post notice of employee rights under PFL in the prescribed form. In addition, employers must give a written statement of rights to employees within five business days of receiving notice that an employee’s absence is due to PFL.