The New York Paid Family Leave Benefits Law takes effect January 1, 2018. Eligible employees will be able to take leave under qualifying circumstances.
This post discusses what leave benefits are available to employees who take leave under the New York Paid Family Leave Program.
(For more information about this topic, click here to watch a free webinar!)
How Much Pay Do Employees Receive?
The amount of leave and pay available increases over the next few years. It starts at 8 weeks and a maximum of 50% of the New York State average weekly wage in 2018.
It increases each subsequent year until reaching 12 weeks and 67% of the New York State average weekly wage in 2021.
The following chart shows the number of weeks and percentage of weekly wage available each year.
Year | Weeks Available | Max % of Employee Average Weekly Wage | Capped at % of New York State Average Weekly Wage |
2018 | 8 | 50% | 50% |
2019 | 10 | 55% | 55% |
2020 | 10 | 60% | 60% |
2021 | 12 | 67% | 67% |
The 2017 New York State Average Weekly Wage is $1,305.92. With a 50% cap for 2018, the initial maximum paid family leave benefit will be $652.96.
Employees’ maximum paid family leave benefits may be limited by prior receipt of short term disability benefits. The maximum combined benefit period for New York paid family leave and short term disability benefits is 26 weeks in any consecutive 52-week period. Thus, for example, if an employee has already received 20 weeks of disability benefits in the past year, they would only be eligible for up to 6 weeks of paid family leave.
Health Insurance Continuation
Group health insurance benefits provided to an employee before taking paid family leave must be maintained during paid family leave.
The employee remains responsible for any health insurance premium contributions during the paid family leave.
Job Reinstatement
Covered employees who take paid family leave have the right to return to work at the end of the leave. The employee may be restored to either: the position the employee held when the leave began, or a comparable position with comparable employment benefits, pay, and other terms and conditions of employment.
If the employer refuses to reinstate the employee, the employee can file a request for compliance. If the employer does not then reinstate the employee to his/her satisfaction, the employee can file a complaint a complaint with the Workers’ Compensation Board (WCB).
In evaluating an employee’s complaint of failure to reinstate, the WCB “may consider whether the employer’s actions are related to the taking of family leave or if the employer’s actions would have affected the employee if he or she was not on family leave.” For example, if the employee would have been laid off anyway for economic reasons.
Other employer defenses include that the employee was not eligible for paid family leave in the first place, or that the employee falsified their claim for benefits.
Other Paid Family Leave Benefits
The taking of family leave also may not result in the loss of any employment benefit accrued before the leave began.
Additionally, the law generally protects employees from discrimination or retaliation for taking paid family leave. However, it does not entitle any restored employee to the accrual of any seniority or employment benefits during any period of leave, or any right, benefit or position to which the employee would have been entitled had the employee not taken the leave.
Learn More About the Paid Family Leave Benefits Law
Employers will need to know more than which employees are eligible, when they can take paid family leave, and what benefits they receive. They also need to know, for example, what notices employers and employees must give. Stay tuned for more posts about the New York Paid Family Leave Benefits Program.
Remember, I am conducting webinars to assist employers with New York Paid Family Leave.