FamilyLeaveOLJanuary 1, 2018 marked the start of the most generous paid family leave program in the nation. Once fully phased in, the New York Paid Family Leave Benefits Law (PFL) will provide up to 12 weeks of job-protected paid leave for eligible employees to bond with a new child (including adopted or foster children), to care for a family member (including grandparents/grandchildren) with a serious health condition, or to assist with family obligations when a family member is called into active military service.

While the program is employee-funded, businesses will still shoulder hidden costs and the burden of behind the scenes tasks such as administering the program, outsourcing temporary coverage, or paying overtime to cover missing workers’ hours.

PFL Highlights
  • For 2018, employees are entitled to eight weeks of job-protected leave, with a paid benefit of 50% of the employee’s average weekly wage, capped at $652.96 per week.
  • Available to bond with a new child, care for a family member with a serious health condition, or address certain obligations when a family member is called into active military service.
  • Employers must provide written guidance to employees in the employer’s handbook or other written material.
  • The 2018 maximum employee contribution is 0.126% of an employee's annual wages, capped at $85.56 per year.

Our labor and employment group is equipped to address issues you may face with this new law. We provide a big picture, holistic view, to minimize risk and manage business decisions. Our attorneys have experience in similar types of leave management and a comprehensive background in the implementation of best practices. Our goal is to put you in the optimal position for legal compliance—with minimal risk and disruption to your business.

PFL Compliance Checklist
  • Determine if you need PFL coverage and how you will obtain it
  • Consider how and when to start employee pay deductions
  • Review, revise, and coordinate all leave and paid time off policies
  • Prepare and implement a PFL policy
  • Educate and train staff

Related Blog Posts 

In the News

Additional Materials

  • New York State Paid Family Leave Fact Sheet
  • "The Final Countdown: Are you ready for New York’s Paid Family Leave Benefits Law?," HSE Institute: Labor and Employment Law Conference - April 5, 2017 - download presentation (PDF)
  • Webinar: New York Paid Family Leave in the Real World - November 8, 2017 - download webinar
  • Webinar: New York Paid Family Leave - August 9, 2017 - download webinar
  • Webinar: New York Paid Family Leave Benefit Law - April 12, 2016 - download webinar

To learn more, please contact a Harter Secrest & Emery Labor and Employment team member in Rochester or Buffalo. Visit the HSE Labor and Employment Blog for updates on this and other important labor laws.

Disclaimer

This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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