Yes, under New York Statelaw, there are a number of types of leave to which employees are entitled, including“Sick and Safe” Leave and New York Paid Family Leave (“NY PFL”). In addition, New York State law provides up to two hours of paid time off to vote and unpaid leave for jury service. There is no law requiring vacation leave or other paid time off to employees.This article will focus on New York Paid Family Leave and our upcoming blog about New York City leave will focus on Sick and Safe Leave since this law is very similar in both New York State and New York City.
What is NY PFL?
NY PFL entitles most employees in New York State with up to twelve (12) weeks of paidleave in a twelve-month periodto:
- Bond with a newly born, adopted, or foster child;
- Care for a family member with a serious health condition;
- Assist loved ones when a spouse, domestic partner, child, or parent who is deployed abroad on active military service.
- Address certain situations in which an employee or their minor, dependent child is under an order of quarantine or isolation due to Covid-19.
Significantly, NY PFL DOES NOT cover your own medical condition, including pregnancy-related ailments.
Am I Eligible for Leave Under the NY PFL?
If you are a full-time employee for an employer in New York State who works a regular schedule of twenty (20) or more hours a week, you are eligible after twenty-six (26) consecutive weeks of employment. Part-time employees are also eligible. Self-employed individuals and independent contractorsmay opt in, too.So long as you regularly work in New York State, it does not matter in which state you live. If, however, you mostly work outside of New York State and only come to New York occasionally for meetings or sales calls, you are probably ineligible. Likewise, individuals who telecommute are likely ineligible.
What is Considered a Serious Illness Under the NY PFL?
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves:
- Inpatient care in a hospital, hospice, or residential health care facility, or
- Continuing treatment or continuing supervision by a health care provider.
Does NY PFL Pay My Full Salary?
No—Paid Family Leave benefits provide 67% of your average weekly wage, capped at the same percentage of the New York State Average Weekly Wage. An employee who earns $1,000 a week would receive a benefit of $670 a week. The 2022 cap on benefits is a benefit in the sum of $1,068.36 per week. You may be able to use sick time, vacation time, or other paid time off while using NY PFL leave, and your employer may offer—but is not required to offer—other paid leave to help you make up any salary shortfall for some or all of the time you use NY PFL.
What Other Benefits Does NY PFL Provide?
Like the FMLA, if you take qualifying leave, your employer must continue your health insurance (though you will need to continue to make the same payments as if you were still working) and you must be returned to the same or a nearly identical job on your return from NY PFL. Plus, your employer cannot discriminate or retaliate against you in hiring, promotions, or discipline based on the fact you took leave.
Can I Take Both NY PFL and FMLA Leave?
These types of leave are almost always taken concurrently which means that, if you are also eligible for FMLA leave, you are still only entitled to a total of twelve (12) weeks of protected leave in a 12-month period. One other wrinkle to be aware of occurs when both you and your spouse work for the same employer. In the event of a bonding with a new child, you and your spouse may only be permitted to bond with your child one at a time.
What Do I Need to Do to Take NY PFL?
You need to notify your employer of your interest in using NY PFL and follow your employer’s procedures for requesting leave. There are specific forms that you will be required to submit to your employer and steps you will need to take with the relevant insurance carrier.
This is very brief overview of NY PFL. If you would like to discuss your situation with us, please feel free to call or email us at any time. You will be on the phone with an attorney within 24 hours.