United States: Friendly Reminder: New York Paid Family Leave Law Effective January 1, 2018

Last Updated: January 5 2018
Article by Richard J. Rabin and Jeffrey L. Wiener

A Heads-Up On Employment Issues Confronting The Investment Management Industry

Key Points

  • New York's Paid Family Leave Law went into effect on January 1, 2018.
  • All New York employers are impacted.
  • New York employers have an obligation to notify employees of their right to paid family leave.
  • Firms should modify their family leave policies to reflect the new law.

Friendly Reminder: New York Paid Family Leave Law Effective January 1, 2018

In April 2016, Gov. Cuomo signed into law New York's Paid Family Leave Law. The law went into effect on January 1, 2018. Below are some anticipated questions and answers to help guide firms in complying with the law's requirements.

Is My Firm Impacted by the Paid Family Leave Law?

If your firm is based in New York and has at least one employee, then yes.

When Are Employees Eligible for Paid Family Leave?

Employees who are regularly scheduled to work at least 20 hours per week are eligible to take paid family leave once they have worked for a firm for 26 weeks. Additionally, part-time employees who work less than 20 hours per week are eligible for paid family leave once they have worked for a firm for 175 days over a consecutive 52-week period.

Under What Circumstances Can Employees Take Paid Family Leave?

Employees can take paid family leave for the following reasons:

  • to care for a close relative with a serious health condition
  • to bond with a newborn child or newly placed adoptive/foster child within the first 12 months; and
  • to assist family members in certain circumstances when another family member is on, or called to, active military duty.

Unlike under the Family and Medical Leave Act (FMLA), employees are not entitled to paid family leave due to their own medical conditions.

What Benefits Does the Paid Family Leave Law Provide to Employees?

In 2018, an eligible employee will be entitled to eight weeks of paid family leave at 50 percent of the employee's average weekly wage, capped at $653 per week. (The annual cap is equal to 50 percent of the New York State Average Weekly Wage, which, in 2018, is approximately $1,306 (50 percent of $1,306 equals $653)). The number of weeks of paid leave and the percentage of wages noted above will increase annually until 2021, when the law will provide 12 weeks of paid family leave at 67 percent of an employee's average weekly wage, capped at 67 percent of the New York State Average Weekly Wage. Employees are entitled to take the maximum benefit of paid family leave entitlement in any 52-week period. Firms must also maintain an employee's existing health benefits for the duration of leave.

What Other Rights Do Employees Have Under the Law?

At the end of leave, an employee must be returned to a comparable position with comparable pay, benefits, and other terms and conditions of employment. Additionally, firms are prohibited from retaliating against employees for taking paid family leave.

Who Pays for Benefits Under the Law?

Paid family leave is funded by a mandatory employee payroll deduction. The deduction is 0.126 percent of an employee's weekly wage. In 2018, these deductions are capped at 0.126 percent of the New York State Average Weekly Wage, or $1.65 per week.

What About Employees Who Are Not Eligible for Leave?

Where employees will not be eligible for paid family leave benefits, firms must offer them the option to sign an acknowledgment to that effect, and to be relieved of the obligation to make the paid family leave contributions via payroll deduction. A waiver form is available here.

How Far in Advance Must Employees Provide Notice of Their Intent to Take Paid Family Leave?

When the need for paid family leave is foreseeable, employees must provide the firm with at least 30 days' notice. If the need for paid family leave is not foreseeable, employees must provide as much advance notice as is practicable.

How Does Paid Family Leave Interact with Other Leave?

Firms may require paid family leave to run concurrently with FMLA leave where applicable, provided that firms notify employees of such leaves running concurrently. An employee may elect for paid family leave to run concurrently with other paid time off, including vacation or paid sick leave, to receive his/her full salary. In cases where employees opt to supplement their paid family leave benefits with paid time off and firms pay employees their full salary/wages, firms can request reimbursement from their insurance carrier for any paid family leave benefits (so that employees receive only 100 percent of their regular salary/wages and not more). An employee may not receive short-term disability and paid family leave benefits at the same time, but may receive them consecutively where applicable as permitted by law. An employee who is eligible for both short-term disability benefits and paid family leave benefits during the same 52-week period cannot receive more than 26 total weeks combined of disability and family leave benefits during that period of time.

My Firm Already Offers Paid Parental Leave. Does the Paid Family Leave Law Still Apply?

Yes. The law covers circumstances beyond the birth, adoption or foster placement of a child where employees are entitled to paid leave. Where both paid family leave and parental leave policies are applicable, firms may require their paid parental leave policies to run concurrently with paid family leave. If an employee is entitled to receive payment under a firm policy, as well as paid family leave benefits, firms may request reimbursement from their insurance carrier for any paid family leave benefits (so that employees receive only 100 percent of their regular salary/wages and not more).

How Does My Firm Obtain Paid Family Leave Coverage?

Firms are required to obtain paid family leave coverage or to self-insure. Paid family leave coverage will be automatically added to New York State Insurance Fund disability benefits policies effective January 1, 2018. Firms can choose to deduct the premium cost for their paid family leave policies from employees through a payroll deduction, or they can choose to cover the cost themselves.

Are There Notice Requirements?

Yes. Firms are required to post notice of their compliance with paid family leave law. A printed notice describing paid family leave should be displayed in plain view, where employees and applicants can readily observe it. This notice will be provided by a firm's insurance carrier. For firms who choose to self-insure, this notice can be obtained by contacting Certificates@wcb.ny.gov. Firms should also update their employee handbooks to include a paid family leave policy and distribute the revised handbooks, highlighting the new law and policy in a cover letter or email to employees.

Where Can I Find Other Paid Family Leave Forms?

Other paid family leave forms are available here. Firms should make certain that they are familiar with these forms and policies.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions