August 17, 2022

Volume XII, Number 229

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New York’s Paid Family Leave Is Expanding in Two Ways

New York recently updated two significant aspects of its Paid Family Leave program: (1) expanding the definition of “family member” to include siblings and (2) increasing the cap on weekly benefits available.

Since its inception in 2018, Paid Family Leave has offered eligible employees the ability to take  job protected, partially-paid time off to bond with a new child, care for a family member with a serious illness, or provide assistance when a family member is deployed abroad on active military duty. In 2020, after years of gradual increases in the maximum amount of leave and benefits, eligible employees may use up to 12 weeks of Paid Family Leave per rolling 52-week period.

Caring for a Sibling Will Be Included

New York expanded the definition of “family member” in relation to Paid Family Leave to include siblings.  Effective January 1, 2023, Senate Bill S2928A allows eligible employees to care for a sibling with a serious illness or medical condition. Previously, this option was only available when caring for a child, parent, grandparent, grandchild, spouse, or domestic partner. “Sibling” is defined as a biological or adopted sibling, a half-sibling or a step-sibling.

Increase to Maximum Weekly Benefits

Eligible employees who take Paid Family Leave are entitled to receive 67% of their weekly pay, or 67% of the Statewide Average Weekly Wage (“SAWW”), whichever is less. For 2022, the SAWW has been set as $1,594.57, which caps the maximum weekly benefit available to New Yorkers at $1,068.36. This is approximately a 10% increase from last year.

Since Paid Family Leave is employee-funded, the employee payroll contribution has also been adjusted to reflect an increased maximum annual cap of $423.71. Employers should review their payroll practices to ensure the new employee contributions are properly reflected.

©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XII, Number 6
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About this Author

Nancy Gunzenhauser Popper Labor Employment Attorney Epstein Becker Law Firm
Member of the Firm

NANCY GUNZENHAUSER POPPER is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green.

Ms. Popper:

  • Counsels clients on compliance with EEO laws, the Americans with Disabilities Act, the Family and Medical Leave Act, worker classification issues, and other federal, state, and local statutes governing the workplace

  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment...

212-351-3758
Genevieve M. Murphy-Bradacs, Epstein Becker Law Firm, New York, Labor and Employment Litigation Attorney
Senior Counsel

Genevieve M. Murphy-Bradacs is a Senior Counsel in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green.

Ms. Murphy-Bradacs:

  • Provides legal counsel to clients on all aspects of labor- and employment-related issues, including employee discipline; compliance with the Americans with Disabilities Act, the Family and Medical Leave Act, and anti-...

212-351-4948
Associate

Nicole Zolla is an employment law counselor with a litigator’s perspective and experience. She represents employers in all stages of employment litigation, from responding to pre-litigation demands to defending claims in federal and state courts and before city, state, and federal government agencies. Clients ranging from startup companies to international corporations have relied on Nicole to help defend them against claims of accessibility violations, discrimination, hostile work environment, and retaliation. As the workforce continues to change with new legislation and guidelines,...

212-351-4551
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