New York Paid Family Leave

In Force Through Family Leave Insurance
Benefit Overview

Covered Leaves and Durations

Leave TypeCovered LeaveMaximum Leave Duration
Child BondingPaid Family Leave can be taken to bond with a new child within 12 months of the child's birth, adoption or foster placement.12 weeks
FamilyEmployees can take Paid Family Leave to care for a close family member with a serious health condition, including family members outside of New York State.12 weeks
Military Family SupportEmployees can take Paid Family Leave to assist with family situations arising when a family member is on active service in a foreign country or has been notified of an impending call or order of active service to a foreign country.12 weeks

One's Own Serious Health Condition

Employees can’t use New York Paid Family Leave for their own disability or for a military event.

They may be able to use the state's Disability Benefits Law. This program provides employees with income replacement for a disability that happened off the job.

Weekly Benefit Amount

Disability Benefits Law

Benefit Calculation: 50% of wages

Maximum Weekly Benefit: $170

Minimum Weekly Benefit: $20

Paid Family Leave

Benefit Calculation: 67% of wages

Maximum Weekly Benefit: $1,151.16

Minimum Weekly Benefit: No minimum 

Waiting Period

There is no waiting period for Paid Family Leave. Benefits are payable as of the first day of covered leave.

Intermittent Leaves

Employees can take their leave all at once or on an intermittent basis, but must take the leave in full-day increments.

 

 Who's Covered

Covered Employees

Most workers employed by private employers in New York state are covered under PFL.

However, some categories of workers are excluded from the definition of “employee” and “employment” under the Paid Family Leave law.

CoveredNot Covered
  • Full-time employees who work a regular schedule of 20 or more hours per week are eligible after 26 consecutive weeks of employment
  • Part-time employees who work a regular schedule of less than 20 hours per week are eligible after working 175 days
  • A minor child of the employer
  • Members of religious orders
  • An executive officer of an incorporated religious, charitable or educational institution
  • Persons engaged in a professional or teaching capacity in or for a religious, charitable or educational institution (Section 501(c)(3) under the IRS tax code)
  • Persons receiving rehabilitation services in a sheltered workshop operated by such institutions under a certificate issued by the U.S. Department of Labor
  • Persons receiving aid from a religious or charitable institution, who perform work in return for such aid
  • One or two corporate officers who either singly or jointly own all of the stock and hold all of the offices of a corporation that employs no other employees
  • Golf caddies
  • Daytime students in elementary or secondary school, who work part-time during the school year or their regular vacation period
  • Out-of-state employees who occasionally work in New York

Self-employed individuals and independent contractors can opt in but are required to purchase a policy for both Paid Family Leave and DBL. They cannot opt in for Paid Family Leave alone.

Family Members

Covered employees may take family leave to care for:

  • Spouse
  • Domestic partner
  • Child, stepchild and foster child
  • Parent and stepparent
  • Parent-in-law
  • Grandparent
  • Grandchild
  • Siblings (biological, adopted, half-sibling or stepsibling)

On Jan. 1, 2023, the the definition of family member for NY PFL expanded to include siblings and will include a biological or adopted sibling, a half-sibling or stepsibling.

 

 How it Works

Plan Options

With the adoption of the PFL law, any insurance carrier who offered DBL coverage was required to add PFL coverage to that DBL policy. Employers who are self-insured for New York Disability Benefits Law may purchase a separate Paid Family Leave policy or apply to the NYS Workers’ Compensation Board to self-insure.

The Standard can help you meet or exceed the requirements for a private plan. Learn more about our leave management services.

Funding

Employee payroll deductions fund the program.

Contributions
Premium Rate/Employee Contribution0.373% of the employee's taxable wage base of $89,343.80
Maximum Annual Employee Contribution$333.25

Additional Information Employers Need to Know

Most private employers with one or more employees working in New York are subject to New York’s Paid Family Leave and must:

  • Obtain PFL coverage and pay for it using employee contributions
  • Collect employee contributions and provide waivers to employees who qualify to opt out of PFL
  • Complete the employer portion of the PFL request form when workers apply for leave

Employers are exempt from offering NY PFL if:

  • Out-of-state employees only occasionally visit New York for work
  • They are located outside the state, and they have employees who live in New York but work outside the state

More Information

Visit New York's Paid Family Leave Insurance page to learn more about New York's PFL.

If you'd like to see how we can help you comply with leave laws, check out our leave management services. We offer both absence management and benefits administration so you can focus your time where you need it most.

 

 Legislative Activity
October 19, 2022

Effective Jan. 1, 2023, expanded definitions of qualified family members include siblings. Siblings who qualify for care for under the PFL program include biological siblings, adopted siblings, step-siblings and half-siblings—regardless of where the sibling resides (i.e., the sibling can live outside of New York State and even outside of the United States).

March 11, 2022

New York has raised the maximum paid family leave from 10 weeks to 12 weeks per 52-week period.

 

All information on this page is subject to change as state requirements change.

Calculate PFML Benefits

Use this calculator with your employees to help them get a quick estimate of their PFML benefit amounts.