This law generally applies to most private employers with one or more employee.

Employees are eligible for this benefit after having worked for a Company for 26 or more consecutive weeks (six months) or if you are an employee who works less than 20 hours per week, on the 175ths day of working for the Company.

The law permits eligible employees to take job-protected paid time off to (a) bond with a child, (b) care for a close relative with a serious health condition or (c) assist family members when a loved one is deployed abroad on active military duty.

Benefits of this leave is that it is job-protected leave. Covered employees taking this leave will not lose employment benefits while taking this leave. They will continue on their health insurance benefits for the duration of the leave. Covered employees will be entitled to reinstatement to their position or a comparable position about their return from their job protected leave. Covered employees will not be retaliated for seeking a leave of absence under this law or for taking such leave.

Covered employees are able to take the leave all at once (if they meet proper certification requirements) or take intermittent leave.

The New York Paid Family Leave will phase in over a four year period. As of January 1, 2018, employees can receive up to eight (8) weeks of paid leave at 50% of the employee’s average weekly wage, capped at 50% of New York State’s Average Weekly Wage. Starting on or after January 1, 2019, eligible employees can take up to 10 weeks of paid family leave at 55% of their average salary, but capped at 55% of the state average salary. On or after January 1, 2020, eligible employees can receive up to 10 weeks of paid family leave at 60% of their average weekly salary, capped at 60% of the average state weekly salary. On or after January 1, 20121, eligible employees can receive up to 12 weeks of paid benefits at 67% percent of their salary, capped at the average state weekly salary.

For more specific information about the New York Paid Family Leave law and the payment schedule, follow this link: https://www.ny.gov/new-york-state-paid-family-leave/paid-family-leave-information-employees.

Employees are only entitled to utilize these benefits one time in a 52 week period. Eligible employees cannot use Federal FMLA and state family leave separately, but these two job protected leaves run concurrently.

These benefits are paid for from a small weekly pay deduction from the employee’s paycheck.

For more information about what you as an employer is responsible for, follow this link: https://www.ny.gov/new-york-state-paid-family-leave/paid-family-leave-information-employers