UPDATE: NYS Paid Family Leave Benefits

Are You Ready to Comply with the Enhanced NYS Paid Family Leave Benefits?

A recap of New York State Paid Family Leave:

New York State Paid Family Leave provides eligible employees with up to 12 weeks of job protected, paid time off to bond with a new child, care for a family member (currently defined as spouse/domestic partner, child/stepchild, parent/stepparent/parent-in-law, grandparent and grandchild) with a serious health condition, or to assist loved ones when a family member is deployed abroad on active military service. This time can be taken all at once, or in increments of full days.

Paid Family Leave may also be available in some situations when an employee or their minor, dependent child is under an order of quarantine or isolation due to COVID-19.

Employees taking Paid Family Leave receive 67% of their average weekly wage, up to a cap of 67% of the current New York State Average Weekly Wage.

What is new for 2023?

Inclusion of siblings: The list of family members for whom eligible workers can take Paid Family Leave to care for will now include siblings with a serious health condition. This includes biological siblings, adopted siblings, stepsiblings and half-siblings.

Increase to the weekly benefit: Also, for 2023 the New York State Average Weekly Wage will be increased to $1,688.19, which means the maximum weekly benefit is $1,131.08. This is $62.72 more than the maximum weekly benefit for 2022.

Reduction to the employee contribution rate: Finally, the contribution rate has been decreased even though benefits are expanding to cover more family members this year. For 2023, employees will contribute 0.455% of their gross wages per pay period. The maximum annual contribution for 2023 is $399.43 which is $24.28 less than 2022.

For more information, please refer to New York Paid Family Leave Updates for 2023 | Paid Family Leave (ny.gov).

When are these changes effective?

January 1, 2023

Do these changes apply to our company?

All private employers with at least 1 employee are required to provide Paid Family Leave Benefits. Public employers and certain educational organizations are exempt from the requirement but may voluntarily opt in.

What are our obligations?

· Ensure your policy includes the definition of siblings in the list of covered family members

· Ensure the new employee contribution rate has been updated in your payroll/HR system

· Update your leave of absence procedures/forms and educate your staff handling your leaves of absence to allow sibling related leaves for qualifying employees

If you would like any assistance with the updates or have any questions related to Paid Family Leave benefits, please reach out to HRBuffalo! We are happy to review any questions you may have, and work with you to update your policy.

This is not to be considered legal advice, nor is this a full explanation of the law, but rather a summary intended to raise awareness and assist employers with suggestions on compliance.

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