Business Protection Insurance Specialists for New York and New Jersey

Call Toll-Free 1-800-652-2015

Business Protection Insurance Specialists

Customized Business Protection Packages

NYS Workers' Compensation Safety Group Programs

Claims Filing Assistance

Policy Analysis and Consultation Services

Paid Family Leave

Paid Family Leave Insurance is coming to New York in 2018! You can find updates regarding Paid Family Leave on this page as more information becomes available from the state of New York.


What is Paid Family Leave?

Paid Family Leave will provide a percentage of an employee's wages for a period of up to 12 weeks for reasons such as taking time off to bond with a new family member or care for a sick or disabled family member. In addition to the partial wage reimbursement, employees will also be guaranteed that they can return to their current position once they return to work.


When would an employee use their Paid Family Leave?

An employee can use their Paid Family Leave as a maternity or paternity leave, for family bonding purposes with a new child, to care for a seriously ill family member, or to care for family members that would normally be taken care of by someone on military deployment.


Can an employee use Paid Family Leave for their own illness?

No, Paid Family Leave is reserved for only caring for a family member. An employee that takes leave for their own illness would be covered under statutory short-term disability.


How will an employee file a claim for Paid Family Leave?

An employee looking to take Paid Family Leave will need to complete a Claim Application provided by the insurance carrier. Employees may be required to submit additional documents depending upon the reason they are requesting for Paid Family Leave. Click here to view a Paid Family Leave Claim Application and Checklist provided by one of our appointed carriers, Shelterpoint.


Who is considered a family member under Paid Family Leave?

A family member is considered to be any of the following:

- Child

- Grandchild

- Spouse/Domestic Partner

- Parent/Step-parent/Legal Guardian

- Parent-in-Law

- Grandparent


How will Paid Family Leave be rolled out?

Paid Family Leave will be rolled out over a four year period beginning on January 1, 2018. The benefits will be issued as shown in the table below:


Year Maximum Weeks
Available
Maximum % Employee
Average Weekly Wage
Cap: Maximum % State
Average Weekly Wage
2018 8 Weeks 50% 50%
2019 10 Weeks 55% 55%
2020 10 Weeks 60% 60%
2021 12 Weeks 67% 67%

*Information for timeline provided by NYS webpage for Paid Family Leave


Does Paid Family Leave have to be taken as consecutive time off?

No, employees are able to take Paid Family Leave intermittently. For example, a new parent may choose to take their Paid Family Leave as one day off each week for family bonding.


Can an employer force the employee to take any earned Paid Time Off prior to going out on Paid Family Leave?

No. The employer can offer employees the opportunity to use their earned Paid Time Off (ie. sick days, vacation time, etc.) prior to taking their Paid Family Leave, but employees cannot be forced to do so.


Who is eligible for Paid Family Leave?

Employees of private organizations with more than one employee, not counting the owner, will be eligible for Paid Family Leave. Full-time employees will be eligible after a period of 26 consecutive weeks of employment, and part-time employees will be eligible after a period of 35 consecutive weeks (or 175 consecutive days) of employment. Employees that are currently out of disability or on administrative leave will not be eligible.


How soon does an employee need to notify their employer before they can take Paid Family Leave?

Employees must give a minimum of 30 days notice in writing for a qualifying event such as an expected birth/adoption, known military deployment, planned medical treatment of a family member. If an employee is unable to give an advanced notice of 30 days, due to an emergency situation or extreme circumstance, the employee should alert their employer as soon as possible.


When can an employer begin to pay in to Paid Family Leave?

If they haven't started already, employers were able to begin pre-funding for Paid Family Leave through employee payroll deductions as early as July 1, 2017.


If an employer begins to pre-fund deductions for Paid Family Leave in July 2017 and the employee leaves prior to the January 1 start-date, is the employee entitled to a refund?

No.


How will the rates for Paid Family Leave be calculated?

The rates for Paid Family Leave will be calculated as a percentage of the employee's salary. Weekly contributions will be .126% of the employee's weekly wage, and will be capped at the state's average weekly wage. The current state average weekly wage for New York is $1,305.92, therefore the maximum weekly contribution will be $1.65.


Is there a way to find out what my premium will be per employee for the policy year?
While your actual premium for the year may vary, one of our appointed carriers, Shelterpoint, has created a Paid Family Leave Premium Estimator Tool to assist with calculating what the premium may be for each employee, based upon their payroll. Click here to view the PFL Estimator Tool.


Will the rates be influenced by any other factors?

No, unlike statutory disability rates, the rates for Paid Family Leave will be based solely on the employee's salary. Factors such as gender or age will have no affect on the rates.


Can an employee choose not to participate in Paid Family Leave?

No, Paid Family Leave is a mandatory benefit for employees that meet the eligibility requirements.


Our staff is staying up-to-date with all of the latest information regarding the upcoming changes to both statutory Short-Term Disability and Paid Family Leave and will continue to update this page as information becomes available.