New York Paid Family Leave Has Changed, Here’s What You Need to Know
What is New York Paid Family Leave?
NY PFL is an insurance policy for employees who need paid time off and their job secured due to one of the following events:
You need time to bond with your newborn baby, adopted or fostered child.
You need to care for a family member with a serious health condition.
You need to assist a relative while a family member is deployed abroad on active military service.
What are the PFL benefits for 2018 in New York?
In 2018, New York Paid Family Leave entitles you (after a qualifying event) to 8 weeks of leave while receiving 50% of your average weekly wage (AWW). The AWW is based on the income of the weeks leading up to the start of your leave. The most you may receive is 0% of the NY State Average Weekly Wage (SAWW), whichever is less. The SAWW for 2018 is $1,305.92 which means the maximum weekly benefit you can receive is $652.96.
What is the New York State Average Weekly Wage?
The New York Average Weekly Wage (SAWW) will be recalculated each year. The SAWW for 2018 is $1,305.92 which means the maximum weekly benefit any employee on PFL can receive is $652.96.
Does my employer have to offer me Paid Family Leave?
If you work for a New York based private employer (meaning you don’t work for a state or local municipality) then yes, they must offer you PFL insurance.
Who pays for NY Paid Family Leave?
You (the employee) pay for the PFL with a deduction from your paycheck.
How much will be withheld from my paycheck?
Your employer will deduct .126% of your pay from your check up to $1.65 per week, depending on your income. The maximum payout you will potentially have to make for 2018 is $85.56. *Note that the percentage is based on your after-tax wages.
What if I don’t want to purchase NY PFL coverage?
If you work for a New York private employer then you are required by law to participate in PFL insurance. The only exception to this rule is if you are a temporary employee that will not be with your company long enough for the benefits to become effective. Benefits for full time employees take effect after 26 weeks and for part time employees after 175 working days. If you feel that you qualify for this exception, you must submit a waiver. The waiver can be provided by your employer or you can download it here: waiver.
What are my rights as an employee under the New York Paid Family Leave?
After a qualifying leave, PFL asserts that you can return to a comparable job if not the same one. You can keep your insurance while you are on leave as long as you continue to pay your portion of the premium that would have otherwise been withheld from your paycheck had you remained working. Finally, you are protected from any retaliatory action made by your employer for utilizing your benefits.
How do I apply for NY Paid Family Leave?
- Notify your employer as soon as possible, preferably with 30 days notice.
- Get a copy of the NY PFL form package that corresponds with the type of leave you need to take. Below are links to the forms or you may get them from your employer or insurance carrier.
- Complete the form and submit it to your employer for them to fill out their portion. They are required to return it to you in three business days.
- Submit the forms and supporting documents to the insurance carrier. The insurance carrier must accept or deny your request within 18 days of receiving the paperwork. *Note that you can submit your request previous to taking leave and up to 30 days after your leave begins.
Who will pay me if I use NY PFL benefits?
The insurance company will pay you directly. They will not automatically withhold taxes even though the money is taxable income. You can request voluntary tax withholding. Either way, you will receive a 1099-G or 1099-misc form that will need to be accounted for when you file your taxes. *Note that these benefits are for a 52 week period so once you have utilized them, you cannot apply for PFL coverage again for at least 52 weeks.
Will the NY PFL benefits be the same next year?
No, several things will change:
- SAWW – the New York State Average Weekly Wage will be recalculated each year.
- # of Weeks – In the next three years, the number of weeks allowed with PFL will increase. In 2019, employees will be allowed up to 10 weeks and in 2021 that number of weeks will increase to 12.
- % of SAWW – The percentage of the Average Weekly Wage that will be paid our during Paid Family Leave will increase to 55% in 2019, 60% in 2020 and 67% in 2021.
For more information on disability benefits of the New York Paid Family Leave, call the experts at Mills and Mills at 203-655-6974.
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