New York Paid Family Leave: Employer Guide
The New York State Paid Family Leave (PFL) program offers eligible employees job-protected, paid time off to bond with a new child, care for a family member with a serious health condition, or address certain needs when a loved one is called to active military duty. The program is funded entirely through employee payroll deductions.
Below are answers to common employer questions about the law.
Who must provide coverage to their employees?
Any business with at least one employee working in New York State for 30 or more days within a calendar year is required to provide PFL coverage.
Which employees qualify for coverage?
Coverage generally applies to private-sector employees who meet the following:
- Full-time employees: Work 20 or more hours per week for at least 26 consecutive weeks.
- Part-time employees: Work at least 175 days for your business.
- Personal or domestic employees: Work at least 40 hours per week for a minimum of 30 days in a calendar year (includes roles such as nannies, home health aides, chauffeurs, cooks, housekeepers, gardeners, and similar household staff).
Who can be excluded from coverage?
- Independent contractors (1099 workers)
- Employers exempt from New York Disability Insurance are also exempt from PFL
- Part-time student workers in elementary or secondary school
- Minor children of the employer
- “Extra Employees” hired for short-term special projects
- “Casual Employees” hired for a single day or who typically work in a different occupation
- Railroad and maritime workers
- Farm laborers
- Golf caddies
- Black car and livery drivers covered under specific benefit funds
- Certain categories of workers at nonprofit religious, charitable, or educational organizations, such as owners/officers, clergy, and teaching staff
What are the qualifying reasons for Paid Family Leave?
Employees may use PFL for:
- Caring for a family member with a serious health condition
- Bonding with a new child (birth, adoption, or foster placement)
- Handling matters related to a family member’s active military deployment
- Addressing needs related to domestic violence, including safety planning, relocation, legal matters, or seeking shelter and support services
- Meeting with law enforcement or attorneys regarding family offenses, sexual offenses, stalking, trafficking, custody, visitation, orders of protection, immigration, housing, discrimination, or related concerns
- Enrolling children in a new school
- Taking steps to protect the physical, mental, or economic well-being of the employee or family member
Employer responsibilities under the New York Paid Family Leave Act:
- Contact your disability insurance provider to secure PFL coverage. If you do not have one, Beyond can help you get set up.
- Notify employees of their right to return to their same or a comparable position after PFL.
- Maintain employees’ health insurance during leave (employees may be required to continue paying their share of premiums).
- Ensure employees are informed about the PFL program and that company policies comply with the law.
- Display a PFL coverage notice at your workplace, similar to workers’ compensation or disability insurance postings.
Contribution rate for 2024:
- 0.373% of the employee’s wages, capped at $333.25 annually. Rates and wage caps may change in future years.
Length of leave:
Employees can take up to 12 weeks of leave per year, with job protection and continued health coverage.
Benefit amount:
Employees receive 67% of their average weekly wage, up to a maximum of $1,151.16 (based on the NY State Average Weekly Wage). This amount is reviewed annually by the Department of Labor.
Can employers require employees to use PTO before PFL?
No. Employers may allow employees to use accrued PTO to receive full pay, but cannot require it.
Does PTO accrue during PFL?
Not automatically. Employers may choose to allow PTO accrual during leave, but it is not mandated.
Can multiple family members take PFL at the same time?
Employers may deny PFL to more than one employee at the same time if they are caring for the same individual or bonding with the same child.
Have employees asking about Paid Family Medical Leave?
Check out our employee guide and see state-by-state requirements.
More details are available at www.ny.gov/paidfamilyleave or by calling (844) 337-6303.
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