January 21, 2022

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New York Paid Family Leave Law Amended to Allow Leave to Care for Siblings

New York Governor Kathy Hochul signed into law an amendment to the New York Paid Family Leave Law (NYPFLL), which will allow employees to take leave to care for siblings with a serious health condition.

In effect since 2018, the NYPFLL provides a phased-in system of paid, job protected leave for eligible employees: (i) to care for a new child following birth, adoption, or placement in the home; (ii) to care for a family member with a serious health condition; or (iii) for qualifying exigencies related to military duty. Beginning January 1, 2021 and going forward, employees are eligible for up to 12 work weeks of leave in a 52-week period at 67% of their average weekly wage, up to a cap set up by the state.

The NYPFLL currently defines “covered family members” to include an employee’s spouse or domestic partner, child (including a biological, adopted or foster child, step-child or child of a domestic partner, legal ward or one to whom the employee stands in loco parentis), parent (including a biological, adoptive or foster parent, step-parent, legal guardian, or one who stood in loco parentis to the employee as a child), parent-in-law, grandparent and grandchild. Effective January 1, 2023, the amendment will expand this definition to include an employee’s biological, adopted, step, and half-sibling(s).

Employers in New York are encouraged to review their current NYPFLL policies and practices in advance of the amendment’s effective date to ensure compliance with these updated requirements.

© 2022 Proskauer Rose LLP. National Law Review, Volume XI, Number 309
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About this Author

Evandro Gigante Labor and Employment Lawyer Proskauer Rose Law FIrm
Partner

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents clients through a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. Evandro also counsels employers through reductions-in-force, employee relations issues and other sensitive employment matters.

With a focus on discrimination and harassment claims,...

212.969.3132
Arielle Kobetz, Proskauer Law Firm, Labor and Employment Attorney
Associate

Arielle Kobetz is an associate in the Labor & Employment Law Department. She assists employers in a wide range of areas, including discrimination, wage and hour, and traditional labor.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues. 

212-969-3304
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