Starting January 1, 2018, nearly all private employees in New York State will be eligible for Paid Family Leave so the employee can (1) bond with a newly born, adopted or fostered child; (2) care for a family member with a serious health condition; or (3) assist loved ones when a family member is deployed abroad on active military duty. Paid Family Leave will phase in over four years, starting at 8 weeks in 2018 and increasing to 12 weeks by 2021.

  • January 1, 2018: 8 weeks paid at 50% of the employee’s average weekly wage or 50% of the state average weekly wage, whichever is less;

  • January 1, 2019: 10 weeks paid at 55% of the employee’s average weekly wage or 55% of the state average weekly wage, whichever is less;

  • January 1, 2020: 10 weeks paid at 60% of the employee’s average weekly wage or 60% of the state average weekly wage, whichever is less; and

  • January 1, 2021: 12 weeks paid at 67% of the employee’s average weekly wage or 67% of the state average weekly wage, whichever is less.

I. Who Is Eligible:

  • Employees who work a schedule of 20 or more hours per week are eligible after 26 weeks of employment.

  • Employees who work a schedule of less than 20 hours per week are eligible after 175 days worked.

  • Citizenship and immigration status do not impact eligibility.

II. What Employers Need to Do Now:

  • Contact your disability benefits insurance carrier to ensure you have Paid Family Leave Coverage.

  • Post the Notice of Compliance (provided by your insurance carrier) in a conspicuous place.

  • Update your employee handbook to inform your employees about Paid Family Leave.

  • Update your payroll processes to collect the employee payroll withholdings or contribution that pay for the insurance.

  • Inform non-eligible employees that they can choose to waive coverage.

Contact Stokes Wagner with any questions, and click here to download a PDF of this release.

View All Publications