Paid Family Leave

New York Paid Family Leave

New Coverage Will Give All Workers Paid Time Off

Paid Family Leave (“PFL”) goes into effect in New York on January 1, 2018.  The comprehensive plan offers paid time off and job benefits for all employees (men and women) in the state of New York, starting Jan. 1, 2018.  PFL is meant to lighten the financial stress on taking time off from work for family reasons, either to expand family or care for family.  

If your employer refused to allow you to take time off, or retaliated against you for taking time off, our NY employment attorneys can help. We are experienced in the particular arbitration system and its strict deadlines. Let us help you settle the dispute quickly.  

Eligible Employees

Employees who work for a “private employer” with at least 1 employee can take leave after 26 consecutive weeks of full-time employment, or 175 consecutive days for part-time employees.

Covered employees are eligible for qualifying family leave events, such as: birth, adoption, foster care, or to care for a family member with a serious illness). You can also take PFL for an event that happened during 2017.  PFL applies to both men and women.

Employee Benefits of Paid Family Leave

In Year 1 of Paid Family Leave, employees can take up to 8 weeks paid time off with 50% compensation of your week’s average wage (up to the amount of the state’s average weekly wage).     

In 2019 of the PFL, employees may take up to 10 weeks paid time off with 55% compensation of your average weekly wage.

In 2020 of the PFL, employees are eligible to take up to 10 weeks paid time off with 60% compensation of a week’s average wage.

The final year of the PFL roll-out is 2021, when employees can take up to 12 weeks paid time off, with 67% compensation of a week’s average wage.

PFL Impact on Existing Employee Benefits

  • Employees maintain their existing medical benefits on PFL, as provided by the Employer.
  • Employers must continue to provide health insurance benefits while an employee is on PFL. In addition, the employer must reinstate the employee upon return from PFL.   
  • PFL adds to the benefits you are already receiving from FMLA. In addition, PFL will apply to all private companies 1 employee, not just those with at least 50 employees.
  • If an employee takes leave for their own “serious health condition” under FMLA, it does not reduce the amount of PFL an employee is eligible for
  • An employee can take short-term disability leave before using PFL, followed by using their PFL benefits at a later time

For more information, see our detailed comparison of the FMLA vs. PFL.

Call a New York Employment Lawyer to Dispute a Family Leave Issue at Work

If You Have Been retaliated against by your employer after requesting time off, you need an experienced New York employment attorney to clearly explain your legal rights and options under the law. Call us 24/7 for a free, confidential consultation.

We Protect Employee Rights against unlawful Retaliation, such as: demotion, termination, bad reviews, or any other action in occurring after you requested time off.  

Contact the Law Offices of Vincent P. White.