New York

Be in the Know: New Rules on Leave

New York requires paid medical leave (PML) and paid family leave (PFL) income replacement benefits for eligible workers who need time off from work for qualifying reasons. The PML program is commonly referred to as Disability Benefits Law (DBL).

Coverage and cost

Learn more about your state rules and eligibility

Covered employers

All employers are covered. The disability insurance carrier must administer PFL, or the employer can self-insure.

Coverage options

  • A policy written by an approved carrier in NY state (including the NY State Insurance Fund, an insurance company created by the State of NY which operates under the same premise as all other approved disability benefit carriers in NY)
  • Through participation in a Workers’ Compensation Board approved union, association or trust, or
  • Being approved as a self-insured employer by the self-insurance unit of the Worker’s Compensation Board
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Cost

Paid medical leave:

0.5% of first $120 of weekly wages up to a maximum of $0.60 per week. Employer will fund the additional cost of the plan above the employee maximum limit. The employer can pay all or part of the employee contribution.

Paid family leave:

  • 2022: 0.511% of employee’s gross wage to annual maximum of $385.34. Funded 100% by employees unless employer chooses to pay all or part of the contribution.
  • 2023: 0.455% of employee’s gross wage to annual maximum of $399.43. Funded 100% by employees unless employer chooses to pay all of part of the contribution.

Employee eligibility

Paid medical leave:

Employee must have worked at least 4 weeks in New York for the same covered employer.

Paid family leave:

Full-time employees will be eligible for coverage after 26 consecutive weeks of covered NY employment. Part-time employees working less than 20 hours per week will be eligible after 175 work days of covered NY employment for the same covered employer.

Leave reasons

Family, bonding, medical, military exigency

Job protection

NY PFL is job protected and NY PML is not job protected.

Other protections and provisions

Payment does not cover partial intermittent absences.

Benefits

Paid medical leave:

  • 50% of average weekly wage to $170 maximum weekly benefit
  • 26 week maximum. 7 day waiting period

Paid family leave:

  • 67% of average weekly wage. For 2022, the maximum weekly benefit is $1,068.36. For 2023, the maximum weekly benefit is $1,131.08
  • 12 week maximum. No waiting period. Combined: 26 week maximum
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Timeline and key dates

  • January 2018 paid family leave phasing began
  • 2018: 8 weeks, 50% of employee's average weekly wage
  • 2019: 10 weeks, 55% of employee's average weekly wage
  • 2020: 10 weeks, 60% of employee's average weekly wage
  • 2021: 12 weeks, 67% of employee's average weekly wage

Need more information?

Visit New York’s website for additional details.

Disability Benefits Law

NY PFL information

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How Unum can help

Unum does offer the New York PML and PFL insurance plans. NY PFL is a rider to the NY PML (or DBL) policy. Unum does not administer an employer’s self-funded New York PML or PFL plan.

Have questions?

Reach out to our sales team to learn more about Unum’s state PFML and absence management solutions.