Preparing for NYS Paid Family Leave

In 2016, legislation was passed in NYS to enact a 12-week Paid Family Leave (PFL) program scheduled to go into effect in January of 2018. For these purposes, a family member is defined as a child, parent, grandparent, grandchild, spouse or domestic partner. The definition of a “serious health condition” is similar to the definition under the FMLA. Unless an employer chooses to permit otherwise, any PFL benefit must run concurrently with an employee’s available FMLA entitlement.

PFL will be provided through the NYS existing Disability Benefits Law (DBL) and be available to all private sector workers, giving eligible employees the right to a leave of absence and guaranteed reinstatement. Employees eligible for PFL must be employed in New York State and have 30 working days total within a calendar year for a single employer. There is no waiting period before employees can receive PFL benefits. Eligible employees may receive up to 50% of their average weekly wage during family leave, not to exceed 50% of the state average weekly wage. Eligible employees employed for at least 26 weeks with the employer (175 days for part-time employees) may use PFL for the following:

  • Caring for a family member with a serious physical/mental health condition.
  • Bonding with a new child during the first 12 months after the child’s birth or after placement of a child for adoption/ foster care.
  • Handling obligations arising from a family member’s qualifying military service or deployment as interpreted under FMLA.

Do you have questions about NYS Paid Family Leave? Contact the office to speak with one of our HR Business Partners today to have your questions answered at 631-794-7400.

Read more about PFL here: