New York Paid Family Leave - Couple holding a baby at home

Statutory Benefits

New York Paid Family Leave

Paid Family Leave in New York

Paid Family Leave (PFL) provides eligible employees with job protection and paid time off for certain qualifying events. Employees can take leave knowing their job is secure, they’re receiving a portion of their salary, and that health benefits are still in place.


mother kissing a baby

What Can Paid Family Leave Be Used For?

There are 3 qualifying events, or main ways you can use Paid Family Leave in NY:

Father bonding with baby

Bonding

with a new child after birth, adoption, or welcoming a foster child into your home
Granddaughter caring for Grandma

Providing care

for a family member with a serious health condition
Soldier holding family member in the air at home-coming

Military exigencies

related to a family member being called to active service

Paid Family Leave: 10 Fast Facts

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Paid Family Leave provides more than just a monetary benefit — it provides job security for employees out on paid leave (similar to unpaid leave under FMLA) regardless of the size of the employer. Learn more about PFL benefits.

 

Paid Family Leave is a required benefit for employers who need to provide DBL, NY’s statutory short-term disability insurance. Those employers are called “Covered Employers” (typically private sector employers with at least 1 employee).

 

PFL covers all those employees who currently get DBL through their employment.

 

Employers that are exempt from DBL, and occupations/employees who are excluded from DBL are also exempt/excluded from PFL — but the employer can obtain voluntary coverage for them.

 

Paid leave can be taken in daily increments and — unlike with Workers’ Comp — in intermittent intervals, such as every other Monday. Partial-day or hourly Paid Family Leave is not allowed.

 

To qualify for Paid Family Leave, employees working 20+ hours per week must have been employed at least 26 consecutive weeks at their current Covered Employer; and employees working fewer than 20 hours per week must have completed at least 175 days at their current Covered Employer.

 

There is no “waiting period.”

 

30 days’ employer notice is required for foreseeable leave. If this is not possible due to the circumstances (such as an accident or heart attack), the notification needs to happen as soon as practicable.

 

Employees can’t take DBL and PFL at the same time, , i.e., receive benefits from both concurrently. They have to be taken in sequence. And if an employee qualifies for both, the combined duration cannot exceed 26 weeks in a consecutive 52-week period.

 

Employers can’t require employees to exhaust their accumulated paid time off before letting them go out on Paid Family Leave (unless it's an approved FMLA leave).

 

ABCs of PFL brochure cover

The ABCs of PFL

We have created an in-depth guide for everything you need to know about Paid Family Leave (PFL) in New York. Get your copy here:

DOWNLOAD ABCs of PFL

 

Member trying to figure the benefits with a calculator

Paid Family Leave Weekly Benefit Estimator

To get an idea of your potential PFL benefit amount, use our easy Paid Family Leave weekly benefit estimator.
Plus, learn how to calculate your Paid Family Leave benefits here.

GET STARTED

Paid Family Leave And COVID-19

As the impact of COVID-19 (the illness caused by the novel Coronavirus) continues to grow and puts so many of us at risk, we have created a COVID-19 Resource Center for important updates and information – including how New York’s “Emergency COVID-19 Paid Sick Leave Law” impacts New York Paid Family Leave.


Young girl showing both hands with soap

Paid Family Leave vs. FMLA (Family Medical Leave Act)

FMLA, or The Family Medical Leave Act, has been in effect since 1993 when it was enacted to provide 12 weeks of unpaid job protections for eligible employees at covered employers.1 Originally introduced with the recommendation of 6 months of leave, it underwent revisions to ease the burden on employers and make accommodations for the types of businesses that would be affected.2

Until recently, FMLA has been the only piece of legislation that allows employees to take unpaid time off from work for an extended period (12 weeks) without having to fear employer retribution or reduction or discontinuation of health care benefits.3

As the benefits of providing protected time off to care for families has become more apparent in recent years—both economically and socially—many states like California and New Jersey (among others) have taken it upon themselves to expand on the protections offered at the federal level by FMLA.4

 

Side By Side: NY Paid Family Leave And Family Medical Leave Act

So where does FMLA end and Paid Family Leave begin? We’ve illustrated the biggest differences and similarities in this infographic so you can see how they relate to each other in providing family leave benefits for working Americans.

Download NY Paid Family Leave vs. FMLA cheat sheet now!

FMLA - side by side Infographic

 

1FindLaw; http://employment.findlaw.com/family-medical-leave/what-is-fmla-faq-on-federal-leave-law.html
2Brandeis University; http://www.diversitydatakids.org/files/Policy/FMLA/Logic/FMLA%20Legislative%20History%20Highlights.pdf
3Labor Law Center; https://www.laborlawcenter.com/education-center/history-of-fmla/
4NCSL; http://www.ncsl.org/research/labor-and-employment/state-family-and-medical-leave-laws.aspx

 

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The ShelterPoint family of companies operates under the “ShelterPoint” name strictly as a marketing name, and no legal significance is expressed or implied. The ShelterPoint family of companies consists of ShelterPoint Life Insurance Company, a NY-domiciled carrier, and its wholly-owned subsidiary ShelterPoint Insurance Company, a FL-domiciled carrier, depending on the state. ShelterPoint is a registered service mark.

Underwritten by:
ShelterPoint Life Insurance Company (principal office in Garden City, NY) in: NY
ShelterPoint only offers Paid Family Leave in form of a rider to DBL.
Policy Form# SPL DB0919 F

This page is for informational purposes only and is not intended to provide legal counsel. Please consult with an appropriate professional for legal and compliance advice. Any Paid Family Leave information is based on the applicable statutes and may change if guidance is issued by the State of New York.

 

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