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2023 New York Paid Family Leave Update

2023 New York Paid Family Leave Update (Webinar Recap)

On January 26, 2023, I presented a complimentary webinar entitled “2023 New York Paid Family Leave Update”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

  • Employer & Employee Coverage
  • Contributions & Benefit Rates
  • Qualifying Circumstances
  • Program Updates & Amendments
  • Interaction with Other Leaves

and much more!

The New York Paid Family Leave Program took effect January 1, 2018. Five years later, PFL continues to evolve each year, For example, employee contributions and benefit rates change annually. There have also been statutory amendments to the law since it launched. This webinar recaps the fundamental aspects of PFL, identifies the key updates, and discusses compliance issues and strategies.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “2023 New York Paid Family Leave Update”

Virtually all private employers with at least one employee in New York State must be familiar with New York’s Paid Family Leave Program. Especially post-pandemic, this includes out-of-state employers with employees working remotely in the State of New York.

From describing the necessary insurance coverage and related administrative issues to contemplating the interaction between PFL, the FMLA, and other forms of employee leave, this webinar provides a broad overview of the New York Paid Family Leave program in 2023.

Whether you don’t know whether your company has all its bases covered or are looking for nuanced guidance on applying PFL in your workplace, this webinar will help further orient you. Materials include statistical charts on how the costs and benefits of PFL have changed over the past five years and other information that will help you answer questions from other members of management and employees alike.

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Click here to sign up for the Horton Law email newsletter to be among the first to know when registration is open for upcoming programs! And follow us on LinkedIn for even more frequent updates on important employment law issues.

2023 Paid Family Leave

2023 Paid Family Leave in New York

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:

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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FMLA Basics

FMLA Basics and Beyond (Webinar Recap)

On October 27, 2022, I presented a complimentary webinar entitled “FMLA Basics and Beyond”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

  • Coverage & Eligibility
  • Qualifying Circumstances
  • Notice Obligations
  • Compliance Traps
  • Interaction with Other Laws

and much more!

President Bill Clinton signed the Family and Medical Leave Act (FMLA) into law on February 5, 1993. That means employers have been tasked with administering FMLA leaves for almost 30 years now. That doesn’t mean that compliance has become routine!

Though it has been a while since either the FMLA or its significant regulations have been amended, much else has changed in the world surrounding the leave granted by the statute. In this webinar, we take a look at applying the FMLA following a global pandemic and with an ongoing introduction of paid leave requirements that may interact with family and medical leave.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “FMLA Basics and Beyond”

The FMLA is far more involved than simply permitting employees 12 weeks of leave when they get sick or have a child. Did you know that some employees might be eligible to take up to 26 weeks off in a row? Or that employees can take FMLA leave to see a family member off to military service?

Employers with at least 50 employees must comply with the FMLA or risk significant penalties. Not sure whether your organization is covered, this webinar explains how to count employees to determine eligibility. Whether you’re familiar with applying the FMLA or not, it’s a complicated statute with tons of hidden pitfalls. We’ll discuss many of those and warn you where additional concerns may arise.

If you’re responsible for FMLA administration in your organization and haven’t reviewed the legal requirements lately, this is a great opportunity to be reminded of the many implications of employee leave requests. Do you know how the FMLA and ADA interact? What about state paid leave laws, such as sick leave and paid family leave, where they exist?

Don’t Miss Our Future Webinars!

Click here to sign up for the Horton Law email newsletter to be among the first to know when registration is open for upcoming programs! And follow us on LinkedIn for even more frequent updates on important employment law issues.