NY Paid Family Leave (PFL)

Employee Eligibility

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WHO IS ELIGIBLE?                                                                                

Effective January 1, 2018, employees in the State of New York may be eligible, if they meet certain criteria:

  • Employees who work for private sector employers with at least 1 employee (not counting the owner).
  • Employers in the public-sector that may choose to participate through collective bargaining.
  • Full-time employees regularly scheduled to work 20 or more hours per week for at least 26 consecutive work weeks preceding the first full day when family leave begins.
  • Part-time employees regularly scheduled to work less than 20 hours per week will become eligible to take family leave after 175 days of scheduled employment.     

Any eligible individual that has a qualifying leave event (birth, adoption, foster care, care of family member during a military leave or qualifying medical issue) commencing with date on or after January 1st, 2018, as well as births and adoptions within the last 12 months — even those in 2017


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New York State Paid Family Leave Program. 

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WHO IS NOT ELIGIBLE?            

Employees may not be eligible for coverage under the New York State PFL due to one or more of the following criteria:

  • Any employee already receiving total disability (the coverage an injured worker may receive during his or her recovery) benefits.
  • Employees on administrative leave.
  • Employees who work for an exempt employer.
  • Employees who are excluded from coverage under Article 9 of the Disability Benefits Law (DBL) and the Paid Family Leave Benefits Law (PFL).

                                                                                              

HOW MUCH DOES IT PAY?    

  • January 1, 2018; up to 8 weeks of paid leave of the employee’s average weekly wage capped at a maximum of 50% of NYS Average Weekly Wage (average weekly wage in 2016 was $1,305.92).

  • January 1, 2019; up to 10 weeks of paid leave of the employee’s average weekly wage capped at a maximum of 55% of NYS Average Weekly Wage.

  • January 1, 2020; up to 10 weeks of paid leave of the employee’s average weekly wage capped at a maximum of 60% of NYS Average Weekly Wage.

  • January 1, 2021; and thereafter; up to 12 weeks of paid leave of the employee’s average weekly wage capped at a maximum of 67% of NYS Average Weekly Wage.