New York Paid Family Leave (NY PFL) launched in 2018 to provide caregiving benefits to New York State (NYS) workers and their families. NY PFL was implemented in a four-year phase-in period and benefits are now fully phased in. In 2024, the contribution rate will decrease for the second year in a row.
Read on for more information.
NY PFL Overview
NY PFL provides eligible employees with up to 12 weeks of job-protected, paid time off to bond with a new child[1], care for a family member with a serious health condition[2], or assist loved ones when a family member is deployed abroad on active military service. This paid time can be taken all at once, or in increments of full days.
Eligible employees are employees who have been employed full-time for 26 weeks or part-time for 175 days, regardless of citizenship and/or immigration status.
Eligible employees may take up to 12 weeks of NY PFL in every 52-week period based on a rolling calendar. This means that if an eligible employee used the full 12 weeks of leave, the next time they would be eligible to take NY PFL again is one year from their first day of leave.
NY PFL may also be available in certain circumstances when an employee’s minor dependent child is under an order of quarantine or isolation due to COVID-19. Note that NY PFL cannot be taken for an employee’s own serious health condition.
When employees take NY PFL, they are guaranteed:
- Job protection that ensures they return to the same job (or a comparable one) when returning to work
- Health insurance coverage on the same terms they had while working
- Protections against employer discrimination or retaliation when requesting or taking NY PFL
NY PFL Funding Rates for 2024
NY PFL is funded through employee payroll contributions that are set each year to match the cost of coverage. The NYS Department of Financial Services evaluates the financial health of the NY PFL program every year and has determined that the contribution rate for 2024 will be 0.373% of an employee’s gross wages – down from 0.455% in 2023. The contribution rate will be capped at an annual maximum employee contribution of $333.25 – down from $399.43 in 2023, and a reduction of $66.18.
The NY PFL benefit remains at 67% of the employee’s average weekly wage (AWW), capped at a maximum weekly benefit of $1,151.16 for 2024, an increase of $20.08 from the 2023 maximum weekly benefit.
See below for a NY PFL reference chart with historical information:
|
Year
|
Maximum number of Weeks
|
Maximum Weekly Benefit Amount
|
Premium Contribution Rate
|
Maximum Employee Contribution
|
% of AWW
|
Statewide AWW
|
|
2018
|
8
|
$652.96
|
0.126%
|
$85.56
|
50%
|
$1,305.92
|
|
2019
|
10
|
$746.41
|
0.153%
|
$107.97
|
55%
|
$1,357.11
|
|
2020
|
10
|
$840.70
|
0.270%
|
$196.72
|
60%
|
$1,401.17
|
|
2021
|
12
|
$971.61
|
0.511%
|
$385.34
|
67%
|
$1,450.17
|
|
2022
|
12
|
$1,068.36
|
0.511%
|
$423.71
|
67%
|
$1,594.57
|
|
2023
|
12
|
$1,131.08
|
0.455%
|
$399.43
|
67%
|
$1,688.19
|
|
2024
|
12
|
$1,151.16
|
0.373%
|
$333.25
|
67%
|
$1,718.15
|
Examples of contribution and benefit amounts at different income levels:
|
Employee Earnings
|
Weekly Employee Contribution
|
Maximum Weekly Benefit Amount
|
|
$519/week; $27,000/year
|
$1.94
|
$347.73
|
|
$1,000/week; $52,000/year
|
$3.73
|
$670
|
|
$1,718.15/week; $89,000/year or more
|
$6.41
|
$1,151.16
|
Reminder - Siblings As NY PFL Covered Family Members
In 2023, siblings were added to the list of covered family members for whom employees may take NY PFL when caring for a family member with a serious health condition. These family members may live outside of NYS, and even outside of the country.
Below is the current list of NY PFL covered family members:
- Spouse
- Domestic partner
- Child and stepchild
- Parent and stepparent
- Parent-in-law
- Grandparent
- Grandchild
- Sibling (including biological siblings, adopted siblings, step-siblings, and half-siblings)
Next Steps for Employers
Since most private employers in NYS are subject to PFL, they are advised to confirm with their payroll providers that the NY PFL contribution rates and maximum amounts are updated in their payroll systems for January 1, 2024.
Employers may also consider communicating the good news to employees that their NY PFL contribution rate and maximum contribution amount will be lower in 2024. NYS released an "Employee Notice of Paid Family Leave Payroll Deduction for 2024" template that can be accessed here.
Click here for additional NY PFL employer resources released by NYS.
Risk Strategies is committed to keeping employers informed and up-to-date. Contact us at benefits@risk-strategies.com.
[1] Eligible employees can take (and must complete) NY PFL for bonding with a new child at any time within the first 12 months of the child’s birth, adoption, or foster care placement.
[2] A serious health condition is an illness, injury, impairment, or physical or mental condition involving either:
- inpatient care in a hospital, hospice, or residential health care facility
- continuing treatment or continuing supervision by a health care provider.
