Be in the Know: New Rules on Leave

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.

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: 0.511% (no change for 2022) of employee’s gross wage to annual maximum of $423.71. Funded 100% by employees unless employer chooses to pay all or 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% (no change for 2022) of average weekly wage to $1,068.36 maximum weekly benefit
• 12 week maximum (no change for 2022). No waiting period Combined: 26 week maximum

Combined: 26 week maximum