New York Employers: What’s Changing with the New Paid Family Leave Law

Introduction

Are you a New York employer struggling to balance the needs of your business with the needs of your employees? The new paid family leave law in New York is set to revolutionize the way employers support their employees’ family lives. As of January 1, 2020, New York State has implemented a comprehensive paid family leave law, which provides eligible employees with up to 12 weeks of paid leave to care for a loved one.

The New Law: What’s Changing?

The new law, known as the New York Paid Family Leave (NYPFL) Program, is a significant expansion of the existing Family and Medical Leave Act (FMLA). Under the new law, eligible employees are entitled to take up to 12 weeks of paid family leave to care for a seriously ill family member, a new child, or to bond with a new child.

Key Changes Under the New Law

Here are the key changes under the new law:

• Eligibility

  To be eligible for NYPFL, an employee must have worked for at least 26 weeks in the 52 weeks preceding the start of leave. The employee must also have earned at least 7 times the weekly benefit amount in the 52 weeks preceding the start of leave.

• Benefits

  Benefits under the NYPFL Program are equal to 67% of an employee’s average weekly wage, up to a maximum of $1,000 per week.

• Job Protection

  Employees taking leave under NYPFL are entitled to job protection, meaning they must be restored to their previous job or a comparable position with the same pay, benefits, and other employment terms.

• Paid Leave Types

  There are three types of paid leave under NYPFL: (1) family care, which allows employees to care for a seriously ill family member; (2) parental care, which allows employees to bond with a new child; and (3) family bereavement, which allows employees to care for a deceased family member.

How Does the New Law Affect Employers?

While the new law is designed to benefit employees, it also presents challenges for employers. Here are some key considerations for employers:

Key Challenges for Employers

• Increased Absence and Turnover

  With more employees taking paid leave, employers may see an increase in absenteeism and turnover, which can impact productivity and morale.

• Staffing and Scheduling

  With employees out on leave, employers may need to adjust staffing and scheduling to ensure business continuity.

• Compliance and Record-Keeping

  Employers must comply with the new law’s requirements, including maintaining accurate records of employee leave and providing notice to employees.

Best Practices for Employers

To minimize the impact of the new law on your business, consider the following best practices:

Best Practices for Employers

• Develop a Leave Management Policy

  Create a comprehensive leave management policy that outlines the process for requesting and approving leave, as well as maintaining accurate records.

• Communicate with Employees

  Ensure that employees are informed about the new law and the benefits it provides, as well as the process for requesting and approving leave.

• Plan Ahead

  Anticipate the potential impact of the new law on your business and develop strategies to minimize the disruption.

Conclusion

The new paid family leave law in New York is a significant change for employers, but it’s also an opportunity to support the well-being of your employees and their families. By understanding the key changes under the new law and implementing best practices, you can minimize the impact on your business while ensuring that your employees receive the support they need.

FAQs

Q: What is the effective date of the new paid family leave law in New York?
A: January 1, 2020

Q: How many weeks of paid family leave is an eligible employee entitled to under the new law?
A: Up to 12 weeks

Q: What is the maximum weekly benefit amount under the new law?
A: $1,000 per week

Q: Do employees have job protection under the new law?
A: Yes, employees taking leave under NYPFL are entitled to job protection, meaning they must be restored to their previous job or a comparable position with the same pay, benefits, and other employment terms.

Q: What is the process for requesting and approving leave under the new law?
A: Employees must provide 30 days’ notice to their employer, unless the employer waives this requirement. Employers must approve or deny leave requests in writing.

Q: How does an employer know whether an employee is eligible for paid family leave?
A: Employers can use the NYPFL online calculator to determine an employee’s eligibility.

Additional Resources

For more information on the new paid family leave law in New York, visit the New York State Department of Labor’s website at www.labor.ny.gov.