Paid Family Leave Insurance Act - FAQs
Who is Covered? The PFLIA provides paid family leave for nearly all employees of New York State, regardless of the employer's size. The law covers both full time and part time employees.
What is Covered? Employers can use leave to bond with a new child, care for an ill or disabled family member, or take care of military family needs.
When am I Eligible for Family Leave? In order to be eligible to receive paid leave benefits, you will have to work for your employer for at least six months.
For What Period of Time Can I Take a Leave? As of January 1, 2018, employees will be entitled to 8 weeks of protected family leave. On January 1, 2021, the length of protected famly leave will extend to 12 weeks.
How is the Leave Protected? The law provides job protection as well as a continuation of health care benefits. The law protects you from being fired or retaliated against because you take family leave. If your employer violates the law you can bring a claim against that employer to be reinstated and to receive back pay.
How Much Will I Be Paid While Out on Family Leave? As of January 1, 2018, you will be eligible for payments of up to 50% of your average weekly wage. The payments will progressively increase until the program is fully phased on January 1, 2021, when you will be entitled to receive up to 67% of your average weekly wage. All wage replacement will be capped at at a perentage of the New York State Average Weekly Wage ("SAWW"). In 2018 that percentage will be 50% of the SAWW. By January 1, 2021 that sum will be increased to 67% of the SAWW.
Who Pays for the Family Leave? The Family Leave Program in New York State will be funded by employee contributions and administered through an insurance program. This program is funded solely through employee contributions, which will start in 2018 at as low as 88 cents per week. Employers will not have to make contributions.