May 16, 2022

Volume XII, Number 136

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May 16, 2022

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Paid Family Leave in New York Expanded

On Nov. 1 New York enacted legislation to cover caring for siblings under New York’s Paid Family Leave law. Currently, the law does not include care for a sibling with a serious health condition as a basis for paid leave.

The New York Paid Family Leave law provides workers with job-protected, paid time off to bond with a newborn child, including a biological, adopted, or fostered child; to care for a family member with a serious health condition (which may include severe cases of COVID-19); or to assist a family member, such as a spouse, domestic partner, child, or parent, who is deployed abroad on active military service. Also, paid family leave may be available in certain circumstances when an employee or the employee’s minor, dependent child is under an order of quarantine or isolation due to COVID-19. Eligible workers may take up to 12 weeks off at 67% of their pay up to a cap, which for 2021 is $971.61 per week. The payments are funded through an employee-paid insurance program.

The amendment to the law expands the definition of “family members” to encompass siblings, including biological siblings, adopted siblings, step-siblings, and half-siblings. Employees taking paid family leave to care for a covered family member should be in close proximity to the family member being cared for or engaged in reasonable travel related to the care of that family member during the majority of the employee’s leave. Notably, these family members can live outside of New York state or the country. This amendment to the law goes into effect Jan. 1, 2023.

Employers should be aware of this change and adjust their family leave policies accordingly. For more information about New York’s Paid Family Leave law, please see our prior GT Alert, New York Paid Family Leave Law Becomes Effective Jan. 1, 2018.  

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XI, Number 309
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About this Author

Eric Sigda, Greenberg Traurig Law Firm, New York, Labor and Employment Law Attorney
Shareholder

Eric B. Sigda is a shareholder in Greenberg Traurig’s Labor & Employment Practice. He represents management in litigating federal and state employment matters including claims involving allegations of discrimination, harassment, whistleblowing, Sarbanes-Oxley retaliation, breach of contract, wage and hour class actions, misappropriation of trade secrets and violations of restrictive covenants. Eric has handled matters in federal and state courts and in arbitration. He has also represented clients before various agencies including the Equal Employment Opportunity...

212-801-9386
Nicholas A. Corsano, Greenberg Traurig, Employment Law
Associate

Nicholas Corsano focuses his practice on federal and state labor and employment counseling and litigation. Mr. Corsano advises and counsels clients on employment disputes involving Title VII, ADEA, ADA, and state/city statutes pertaining to employment regulations. He has experience handling single-plaintiff claims brought in state and federal courts and before administrative agencies. Mr. Corsano also counsels clients on anti-harassment and anti-discrimination policies and procedures to promote a more inclusive workplace.

Additionally, Mr. Corsano has experience handling single-...

212-801-6827
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