Pasar al contenido principal Saltar al pie de página del mapa del sitio

N.Y. State Paid Family Leave Program Decreases Contribution Rate, Increases Maximum Weekly Benefit for 2023

  • Cumplimiento normativo
  • Artículo
  • Lectura de 6 minutos
  • Last Updated: 10/07/2022
licencia familiar pagada de ny
New York state announced changes to its Paid Family Leave program beginning Jan. 1, 2023. The contribution rate per pay period will decrease and the maximum weekly benefit will increase.

Table of Contents

The New York State Paid Family Leave (PFL) program, which provides job-protected leave to full-time and part-time employees for certain qualifying reasons, has undergone several changes since its implementation in January 2018.

A recent announcement by the state will reduce the contribution rate beginning Jan. 1, 2023, while also increasing the maximum weekly benefit in 2023 by more than $60. Additionally, the definition of “family member” expanded.

Other previous changes which occurred during the four-year phase-in cycle for benefits included the program providing additional time off and an increase in wage replacement (percentage of average weekly wage) each year for the following qualified reasons:

  • Bonding with newly born child within 12 months of the birth or placement (e.g., adoption or foster care)
  • Caring for a covered family member with a serious health condition
  • Dealing with certain exigencies arising when a covered family member is called to active military service in a foreign country

Paid Family Leave in New York also might be available for use for COVID-19-related purposes. Additional details are available about the guarantees of job protection and compensation if an employee or minor dependent child must quarantine or isolate.

How is NY State Paid Family Leave Funded?

New York State Paid Family Leave is an insurance program that may be funded exclusively by employees through payroll deductions. The contribution per pay period in 2022 is just more than half of 1 percent of an employee’s gross wages (0.511%), with an annual contribution cap of $423.71. However, any employee who earns less than the Statewide Average Weekly Wage (SAWW) of $1,594.57 would contribute less and that amount would be consistent with their actual wages.

With the state’s recent announcement, the contribution rate will decrease to 0.455% of wages in 2023 with a maximum annual contribution of $399.43.

For example, an employee earning the SAWW of $1,688 per week ($87,786 annually) in 2023 will pay $7.68 per week ($1,688 x 0.455%). Any employee in 2023 who earns less than the Statewide Average Weekly Wage (SAWW) of $1,688 would contribute less and that amount would be consistent with their actual wages.

Employees who take PFL will receive 67% of their average weekly wage, up to a cap of 67% of the SAWW. So, the maximum weekly benefit in 2022 is $1,068.36. The maximum weekly benefit in 2023 will be $1,131.08, or an increase of $62.72 from the previous year.

Year

Weeks Available

The Lesser of % of Employee Average Weekly Wage (below)
and the NYS AWW (announced each year on July 1)

2018

8

50%

2019

10

55%

2020

10

60%

2021 and beyond

12

67%

For more information on the latest updates, check out the state’s Paid Family Leave updates online.

The Basics of N.Y.’s Paid Family Leave Program

Employees who regularly work 20 hours or more each week will become eligible for NYS PFL after working 26 consecutive weeks for their covered employer. Employees who regularly work less than 20 hours per week will become eligible on the 175th non-consecutive working day when employed by a covered employer.

Employers are required to provide employees who are not expected to be eligible for PFL coverage with an opt-out PFL waiver. For more information about the opt-out waiver and the process for requesting PFL leave, employers are encouraged to review the sample forms and final regulations which may be accessed on the NYS Paid Family Leave website.

NY State PFL provides protections for employees while they care for family members, with the definition expanding in 2023 to siblings (biological, adopted, step, or half-siblings), and these protections include:

  • Job protection: Employees are entitled to return to the same (or comparable) job when they return from PFL.
  • Health insurance: Employees can keep this benefit under the same terms while working.
  • Prohibited: Employees may not be discriminated or retaliated against by employers for requesting or taking PFL.

What NYS Employers Should Know

Covered employers, any private employer with one or more employees working in New York state, are required to carry NYS PFL insurance coverage, a rider to their existing NYS DBL insurance. Employers may also have the option to self-insure. The NYS PFL program is designed to be funded through employee payroll deductions; however, employers may choose to cover the cost of PFL insurance premium payments, and not deduct contributions from employees.

Tammy Tyler

Tammy Tyler is an employment law compliance manager at Paychex, Inc., a leading provider of integrated solutions for payroll, HR, retirement, and insurance services.

Tags


Podemos ayudarlo a abordar desafíos empresariales como estos Contáctenos hoy mismo

* Este contenido es solo para fines educativos, no tiene por objeto proporcionar asesoría jurídica específica y no debe utilizarse en sustitución de la asesoría jurídica de un abogado u otro profesional calificado. Es posible que la información no refleje los cambios más recientes en la legislación, la cual podrá modificarse sin previo aviso y no se garantiza que esté completa, correcta o actualizada.