New York Paid Family Leave

boy with heart

In 2016, Governor Cuomo signed into law the nation’s strongest and most comprehensive Paid Family Leave policy. As of January 1, 2018, the New York State Paid Family Leave Program provides New Yorkers job-protected, paid leave so that working families will no longer have to choose between caring for their loved ones and risking their economic security.

ELIGIBILITY

Who:

  1. Full-time employees, who work a regular schedule of 20 or more hours per week, are eligible for Paid Family Leave after 26 consecutive weeks of employment.
  2. Part-time employees, who work a regular schedule of less than 20 hours per week, are eligible after working 175 days, which do not need to be consecutive.

Why:

  1. To bond with a new child;
  2. To care for a loved one with a serious health condition; or
  3. To relieve family pressures when someone is called to active military service.

BENEFITS

In 2018, the Paid Family Leave benefit is 50% of your average weekly wage, capped at 50% of the New York State average weekly wage. Leave can be taken all at once or in full-day increments. You may take the maximum time-off benefit in any given 52-week period. The 52-week period starts on the first day you take Paid Family Leave.

The benefits of Paid Family Leave phase in over four years. During 2018, an employee may take up to eight weeks of Paid Family Leave and receive 50% of the employee’s average weekly wage, capped at 50% of the New York State average weekly wage. An employee’s average weekly wage is the average of the last eight weeks of pay prior to starting Paid Family Leave. The New York State average weekly wage is updated annually.

Example: An employee who makes $1,000 a week would receive a benefit of $500 a week (50% of $1000). Another employee who makes $2,000 a week would receive a benefit of $652.96, because this employee is capped at one-half of New York State’s Average Weekly Wage, which is currently $1,305.92. Half of $1,305.92 is $652.96.

HOW TO APPLY:

    1.    Notify your employer. An employee who wants to take Paid Family Leave must notify her employer at least 30 days before the leave will start. If the leave is not foreseeable, she must notify her employer as soon as possible.
    2.    Obtain required forms. Notify your employer or employer’s insurance carrier to obtain the necessary forms, or find them at https://www.ny.gov/new-york-state-paid-family-leave/paid-family-leave-information-employees and download the particular forms for your type of leave request. 
    3.    Complete and submit forms. Fill out the Request for Paid Family Leave (Form PFL-1), follow the instructions on the cover sheet, make a copy for your records, and submit to your employer.
    4.    Obtain and attach supporting documentation. The specific documentation and forms required for each type of leave are described clearly on the required request forms.
    5.    Submit your request forms and documentation. Submit the forms and attachments to your employer’s insurance carrier. You can submit your claim before or within 30 days after the start of your leave. The insurance carrier must pay or deny your request within 18 calendar days of receiving your completed request.

For more information visit https://www.ny.gov/programs/new-york-state-paid-family-leave