The New York Paid Family Leave (PFL) Program provides partial pay for employees who take time off due to covered family situations. In 2023, paid family leave benefits are improving for employees, and their contributions are decreasing. In addition to higher wage replacement, employees will now be able to use PFL to care for siblings along with other previously eligible family members.
Qualifying Circumstances
PFL provides up to 12 weeks of job-protected time off to:
- Bond with a newborn, an adopted child, or a child in foster care;
- Care for a family member with a serious health condition; or
- Assist with family situations when a spouse, domestic partner, child, or parent is deployed on active military duty.
PFL is also specifically available in some situations when an employee or their minor dependent child is under an order of quarantine or isolation due to COVID-19.
Covered Family Members
Before 2023, family care leave covered caring for a spouse, domestic partner, child, parent, parent-in-law, grandparent, or grandchild with a serious health condition. Effective January 1, 2023, the law expands this coverage to include biological siblings, adopted siblings, step-siblings, and half-siblings.
Employee Contributions
Even though benefits are expanding to cover more family members this year, the employee contribution rate for PFL is decreasing. For 2023, employees will contribute 0.455% of their gross wages per pay period. The maximum annual contribution for 2023 is $399.43, which is $24.28 less than in 2022.
2023 Paid Family Leave Benefits
Despite the lower employee contribution, the maximum weekly benefit for employees taking PFL will increase in 2023. Eligible employees receive 67% of their average weekly wage up to a cap of 67% of the New York State Average Weekly Wage (AWW). The 2023 AWW is $1,688.19, making the maximum weekly benefit $1,131.08, which is $62.72 more than the maximum weekly benefit for 2022.
Gender X
In addition to reflecting the above changes, all PFL request forms have been updated to include a “Gender X” option to accommodate those identifying as gender neutral or gender other and have removed gender pronouns.
The updated forms are available at the links below:
- Bond with a Newly Born, Adopted or Fostered Child (Forms PFL-1 & PFL-2)
- Care for a Family Member with a Serious Health Condition (Forms PFL-1, PFL-3 & PFL-4)
- Assist Families in Connection with a Military Deployment (Forms PFL-1 & PFL-5)
- Request for COVID-19 Quarantine DB/PFL – Self (Forms PFL-1 & SCOVID19)
- Request for COVID-19 Quarantine PFL – Child (Forms PFL-1 & CCOVID19)
Preparing for 2023
Companies should confirm their 2023 paid family leave premiums with their insurance carriers. Then ensure next year’s payroll includes the correct contribution rates.
Most employers will need to revise their paid family leave policies to include siblings among the list of qualifying family members. If your policy reflected specific rates for paid family leave in 2022 (or earlier), you should update that component too.
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