Modica Law Firm

Helping People Take Action

  • Email
  • Facebook
  • LinkedIn
  • Twitter
  • Home
  • Why Us ?
    • Community Involvement
    • Recent Recognition
  • Our Team
    • Steven V. Modica, Esq.
      Principal
    • Lorrie Walsh Modica, Esq.
      Of Counsel
    • Gina T. Crawford, LCR
      Workers’ Comp Rep
    • Gregory E. Fassler, Esq.
      Associate Attorney
    • Courtney Rowan Gramza
      Paralegal
    • Joyce M. Guider
      Paralegal
    • Cynthia V. Sundlof
      Administrative Manager
    • Cynthia Witherspoon
      Paralegal
  • Do I Have a Case?
  • Advice Library
    • Workers’ Compensation
      • Workers’ Compensation’s New SLU Guidelines
      • Work-Related Hearing Loss
      • 2017 New York Workers’ Compensation Changes
      • Ten Things Every Injured Worker Should Know
      • Basic Facts and Practical Advice – Workers’ Comp
      • Helping Us Help You
      • What Medical Evidence is Needed?
      • Preparing for Your Defense Medical Examination
      • Do I have to Look for Work?
      • How Often Must I go to the Doctor?
      • M&T Reimbursement
      • What You Say, Write and Do
      • What do I get if I am Permanently Injured?
      • Loss of Wage Earning Capacity
      • Getting a SLU Award–7 Things You Need to Know
      • Getting a Permanency Award–7 Things You Need to Know
      • What if I Settle my Case for All Time?
    • Social Security Disability
      • Basic Facts and Practical Advice
      • Help Us Help You
      • Can I get Other Benefits While I Wait for SSD?
      • Other Social Security Benefits
      • How Do Work Disability Benefits Interact with SSD?
      • Can I work and Still Get SSD?
      • Applying by Telephone or in Person
      • Applying by Internet
      • Completing the ADL and Work History Reports
      • Substance Abuse in Social Security Disability Cases
      • Seeing the Social Security Doctor
      • Working with Us to Request Your Hearing
      • Am I Entitled to an Expedited Decision?
      • Updating Your Medical Records
      • Preparing for Your Hearing
      • The Judge Approved my Case–What is Next?
      • Surviving a Continuing Disability Review
      • Surviving an Alleged Overpayment
      • New Representative Payee Protections Signed into Law
      • Notice About Changes to WC Offset Rule
    • Other Disability Benefits
      • NYS Retirement System Disability Pension Benefits
      • Advice for Attorneys
      • Off the Job Disabilities – Ten Things You Need to Know
      • Group Long Term Disability Benefit Appeals
    • Employment
      • Legal Issues for those who offer Internships
      • New York State Issues Final Guidance on New Sexual Harassment Laws
      • NYS Releases Draft Documents Regarding New Sexual Harassment Laws
      • Changes to Workplace Sexual Harassment Laws
      • Employing People in New York: What You Need to Know
      • Unemployment Insurance Benefits: Job Search Requirement
      • EEOC Recommendations About How to Fight Unlawful Harassment
      • Persistent Age Discrimination and Bias
      • New York Paid Family Leave Law
      • Criminal Arrests and Convictions
      • New York Minimum Wage Increases—What You Need to Know
      • New York Minimum Salary Increases–What You Need to Know
      • Changes to Federal Wage & Hour Laws–What You Need to Know
      • Employee or Independent Contractor?
      • Exercising Care When Engaging Domestic Workers
      • Seven Changes for 2016 That You Need to Know
      • Severance Agreements
      • New York Law on Paid Time Off
      • Professionals as Employers
      • Internet & Social Media Issues for Employers
      • How Safety Managers Can Stay Out of Legal Trouble
      • How Managers & Supervisors Can Stay out of Legal Trouble
      • To Disclose or Not – Issues for Folks with Multiple Sclerosis
      • Disability Benefit & Employment Issues for People with Fibromyalgia
    • Personal Injury Litigation
      • Asbestos is Still a Problem
      • Recovering More than Workers’ Compensation
      • What About WC Once My Personal Injury Case is Done?
      • Should I Borrow Money from a Litigation Loan Company?
      • Preparing for Your Deposition
    • Other Advice
      • Protecting You from Social Media
      • Top Ten Facts for Police Union Leaders About . . .
      • A Message to Local Lawyers From Steve Modica
      • Primer for Lawyers on New York False Claims Act
      • Working with the Government to Fight Fraud
      • Workers’ Compensation in 2016: Upcoming Changes Health Care Providers Need to Know
  • News
  • Links & Associations
  • Contact Us
  • Workers’ Comp
  • Disability Benefits
  • Employment
  • Construction Accidents
  • Whistle Blowers
  • Mediation/Arbitration

New York Paid Family Leave Law

June 2, 2017 by Steve Modica

Print Friendly, PDF & Email

 

On April 4, 2016 Governor Andrew Cuomo signed into law a Paid Family Leave (“PFL”) law for New York. Starting January 1, 2018, eligible workers in New York are entitled to paid job-protected leave. It is one of the most expansive and comprehensive paid leave policies in the United States.

The PFL phases in over four years:

2018: Employees can take up to 8 weeks of PFL with a weekly benefit of 50% of their average weekly wage (“AWW”), capped at 50% of New York State’s Average Weekly Wage (“NYSAWW”).  The NYSAWW for 2018 is $1,305.92.  Thus, the maximum weekly benefit in 2018 is $652.96. 

2019: Employees can take up to 10 weeks of PFL with a weekly benefit of 55% of their AWW, capped at 55% of NYSAWW.  For 2019, the NYSAWW is $1,357.11. Thus, the maximum weekly benefit in 2019 will increase to $746.41.

2020: Employees can take up to 10 weeks of PFL with a weekly benefit of 60% of their AWW, capped at 60% of NYSAWW.

2021: Employees can take up to 12 weeks of PFL with a weekly benefit of 67% of their AWW, capped at 67% of NYSAWW.

Types of PFL

  1. Maternity and/or paternity leave: This begins after birth and is not available for prenatal conditions. It applies to parents expecting, fostering or adopting a child.
  2. Leave to care for a close relative with a serious health condition: A close relative includes a spouse, domestic partner, child, parent, parent-in-law, grandparent and/or grandchild.  Unlike the similar federal law (known as the Family & Medical Leave Act), PFL does NOT apply to an employee’s serious health condition.
  3. Leave to spend time with those (a close relative) called to active military service or to relieve family pressures when someone is called to active military service.

Eligibility

Almost all full-time and part-time New York employees who work for private employers will be covered by the PFL, regardless of their size. Public employers may opt into the program, however, many may have a comparable benefit under a collective bargaining agreement.

Employees are eligible for PFL after working full-time for 26 weeks or part-time for 175 days.

General Facts

Employees can take the maximum benefit length in any 52-week period. The 52-week clock starts running on the first day the employee takes PFL.

The PFL is entirely employee funded. Thus, employees will start seeing payroll deduction for it beginning on or after July 1, 2017. It is not optional.

2018:  The State set the employee contribution rate for 2018 at 0.126% of the employee’s weekly wage, up to the NYSAWW.  Thus, the most that any employee will contribute in a given week in 2018 will be $1.65 ($1,305.92 x .00126).

2019: The State set the employee contribution rate for 2019 at 0.153% of the employee’s weekly wage, up to the NYSAWW.  Thus, the most that any employee will contribute in a given week in 2019 will be ~$2.07 ($1,357.11 x .00153).

Employees are guaranteed to be able to return to their job after returning from PFL, or to a comparable position. While out on PFL, employees continue their health insurance, but remain responsible for their portion of the premium cost.

Employers are prohibited from discriminating or retaliating against employees for taking PFL. Complaints to address alleged unlawful discrimination and/or retaliation must be made to the New York Workers’ Compensation Board within two years.  Furthermore, employers must pay close attention to the interplay between state and federal laws when addressing requests for leave and/or reasonable accommodations.

You may be permitted to use sick and/or vacation time together with PFL so that you receive your full salary. Employers may be prohibited, however, from requiring employees to exhaust accrued sick and/or vacation time while out on PFL.

Applying for Benefits          

To apply, notify your employer that you intend to file claim for PFL. If your PFL is foreseeable, give your employer notice 30 days in advance. Your employer’s insurance carrier will process the claim, or, your employer may process it directly if they are self-insured.

You must file a Request for PFL form and documentation in support of your claim. The required documentation differs based on what type of PFL you are seeking. If your claim for PFL is denied, you may file a request to have the denial reviewed by an independent arbitrator.

Contact Information

For more information, call the PFL toll-free helpline at (844)-337-6303 (Monday thru Friday–8:30 am to 4:30 pm).

Or, you can access additional information online at:

https://www.ny.gov/programs/new-york-state-paid-family-leave

Print Friendly, PDF & Email

Filed Under: advice-employment

“To love and to be loved is to feel the sun from both sides.”

— David Viscott

modicalawfirm300

2430 RIDGEWAY AVENUE, ROCHESTER, NY 14626

Phone: 585-368-1111 • Fax: 585-368-1100

ATTORNEY ADVERTISING • Copyright © 2019 — Modica & Associates, Attorneys, PLLC • All rights reserved.     DISCLAIMER    |    CLIENT'S RESPONSIBILITES    |     CLIENT'S RIGHTS