Effective January 1, 2018, all employees working in New York will be covered by the state’s temporary disability insurance law which provides eligible employees with paid, job protected leave of absence. Details on this program:
- This is an employee-funded program.
- Eligible employees who have worked for 26 or more consecutive weeks will be eligible for Paid Family Leave (PFL).
- The amount of leave is a maximum of eight (8) weeks of paid leave during any 52-week period in 2018
- Maximum leave will eventually reach 12 weeks by 2021.
- Employees will be eligible for payment of 50% of the employee’s average weekly wages in 2018, and reach 67% by 2021.
Eligible reasons for PFL include the following:
- Bond with a new born, adopted or fostered child
- Care for a close relative with a serious health condition
- Assist loved ones when a family member is deployed abroad on active military service.
The law provides job protection for employees taking leave and requires the continuation of healthcare benefits, as long as the employee continues to submit his/her share of the insurance premium during the leave.
Coordination With Other Types of Leave
Leave taken on the Company’s short term disability plan (if offered) may be taken in lieu of PFL or may be taken in addition to PFL; however, both may not be taken at the same time. For example, an employee may take PFL to bond with a newborn after completion of the company’s Short Term Disability/Maternity Leave. If an employee is covered by federal or state Family Leave laws, (FMLA), leave covered by FMLA usually runs concurrently with Paid Family Leave (the employer may decide). An employer may allow an employee to use vacation, sick or PTO before utilizing PFL but may not require the employee to do so.
Additional information about the New York state disability law can be found at the following links:
- New York State Worker’s Compensation Board
- Paid Family Leave Helpline, (844)-337-6303
- Paid Family Leave calculator
Questions? FosterThomas HR Help
Should you need assistance preparing documentation or details for your employees, please contact a FosterThomas HR representative.