Is It Possible For Companies To Cover New York Paid Family Leave?

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New York State has designed Paid Family Leave insurance to be easy for employers to implement, with three key tasks: obtaining Paid Family Leave coverage and collecting employee contributions to pay for it. This insurance program provides job-protected, paid time off to eligible employees to bond with a newly born, adopted, or fostered child, care for a family member with a serious health condition, or other purposes.

Employees can take up to 12 weeks of Paid Family Leave and receive 67 of their average weekly wage (AWW), capped at 67 of the New York State Average Weekly Wage (NYSAWW). The New York Paid Family Leave law (NY PFL) requires employers subject to New York Workers’ Compensation law, generally all private employers with one or more employees in New York. In the first year, over 128, 000 New Yorkers took Paid Family Leave! For 2020, the payroll contribution is 0. 270 of an employee’s gross wages each pay period, capped at an annual rate.

In 2023, eligible employees may take up to 12 weeks of PFL at 67 of their AWW, up to 67 of the NYSAWW. Employees who are eligible to receive a paid parental leave in accordance with an agency policy and qualify for the NY PFL benefit will have both benefits run concurrently. In 2018, employees were eligible for up to eight weeks of paid leave at 50 of their average weekly wage (AWW), up to 50 of the New York State Average Weekly Wage (SAWW).

Paid Family Leave is funded exclusively by employees through payroll deductions. Employers may choose to cover the cost of PFL insurance premium payments, and not deduct contributions from employees. As an employer, they are responsible for collecting the appropriate PFL contributions to cover the cost of the insurance.

In summary, New York State’s Paid Family Leave insurance program is designed to be easy for employers to implement and provide job-protected paid time off to eligible employees. Employers must ensure that their employees are covered by the law and that they are paid for the necessary premiums.

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Why Am I Paying New York Paid Family Leave Tax
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Why Am I Paying New York Paid Family Leave Tax?

New York State Paid Family Leave (NYPFL) is an employee-funded program, though employers can opt to absorb costs. Employers must withhold contributions from wages for this insurance that allows up to 12 weeks of leave at 67% of an employee's pay, subject to caps. As of 2024, the deduction rate is set at 0. 373% of gross wages per pay period. Employees participating in NYPFL are required to know that benefits received are taxable and must be reported as part of federal gross income. Eligible employees include those working in New York or those residing in another state but working in New York.

New York enacted its Paid Family Leave policy in 2016 to help families balance caregiving responsibilities with employment. The contribution rates are adjusted annually by the Department of Financial Services. The Department of Taxation and Finance provides guidance on the tax implications concerning contributions and payments for PFL. While employees do not receive direct payments from their employers during leave, they are compensated through an insurance provider. For 2025, the contribution rate is projected to increase to 0. 388%. Key eligibility requirements include working a minimum of 26 consecutive weeks or 175 days in a part-time role.

How Does Paid Family Leave Work In New York
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How Does Paid Family Leave Work In New York?

Paid Family Leave (PFL) in New York offers job protection, continued health insurance, and safeguards against discrimination or retaliation. Beginning January 1, 2025, pregnant workers may receive additional paid time off for prenatal care. PFL enables eligible employees to take job-protected, paid time off to bond with a newborn, adopted, or foster child, care for a seriously ill family member, or support loved ones. Eligibility applies primarily to employees working for private employers in New York State.

If both spouses work for different employers, they can take PFL concurrently. Employees must notify their employer 30 days in advance for foreseeable leave. The program, mandatory since January 1, 2018, allows for up to 12 weeks of paid leave with a maximum weekly benefit of $1, 151. 16. As of 2021, benefits phase in fully, providing wage replacement equivalent to a percentage of average weekly wages. PFL is designed to support family needs while ensuring job security and health benefits during the leave period.

Where Does PFL Get Their Money
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Where Does PFL Get Their Money?

The Professional Fighters League (PFL) is financed through mandatory payroll deductions from employees, ensuring that previous paychecks contribute to the benefits of eligible Californians. Unlike other promotions, the PFL operates on a tournament format where fighters compete for a prize of $1 million, with star fighters earning up to millions per fight while bottom-tier fighters can earn around $10, 000.

Salaries vary significantly; for instance, at PFL 8, Natan Schulte earned $99, 900, Lance Palmer $99, 950, and Loik Radzhabov $63, 800 for their victories during a season that took place at the Overtime Elite Arena.

Fighters receive a guaranteed base pay for showing up, but additional payments are contingent on match outcomes. The PFL recently acquired Bellator, positioning itself as a significant MMA player against the UFC, with championships offering substantial monetary rewards. The average fighter earns between $10, 000 and $1 million or more based on their record. A recent funding effort secured $175 million, supported by notable investors like Ted Leonsis and Alex Rodriguez.

The PFL's revenue is projected to exceed $100 million, marking it as a rapidly growing sports league. Notably, the Public Investment Fund of Saudi Arabia is investing heavily in the PFL, augmenting its capabilities and global ambitions.

Can A Public Employer Offer Paid Family Leave
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Can A Public Employer Offer Paid Family Leave?

The insurance policy covers the Paid Family Leave (PFL) benefit for employees, with public employers having the option to provide this benefit. Public sectors with union-represented employees can offer PFL if included in collective bargaining agreements. Employees working for public employers, which include various government entities, may receive PFL if their employer opts in voluntarily. Coverage for non-represented public employees can be set by the employer.

The Family and Medical Leave Act (FMLA) offers job-protected, unpaid leave for family and medical reasons but does not mandate paid sick leave for employees. While some states like California provide extensive parental leave, many U. S. workers lack access to paid parental leave. Typically, paid maternity leave is more common than paternity leave. While most private employers with employees are required to have PFL insurance, public employers may choose to provide it, guided by specific applications.

FMLA mandates job protection and insurance continuity for eligible employees, allowing them up to 12 weeks of unpaid leave annually for family and medical purposes. Thirteen states and Washington D. C. have established mandatory paid family leave systems to address growing demands for better employee leave policies.

What Is Paid Family Leave
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What Is Paid Family Leave?

Paid Family Leave (PFL), administered by the State Disability Insurance program, offers up to eight weeks of wage replacement for eligible workers needing time off to care for family members or bond with a new child. This program supports employees by providing job-protected, paid leave for various reasons, including caring for a seriously ill family member, bonding with a newborn, adopted, or fostered child, and assisting loved ones.

Understanding paid family and medical leave is essential for workers, families, and businesses as it can promote financial stability during critical life events, such as the first year of parenthood or dealing with health challenges.

In the U. S., paid leave encompasses various policies, including sick leave and parental leave, with states like California, New Jersey, and Rhode Island establishing their systems. Furthermore, PFL allows for coordination with other benefits like FMLA and unemployment insurance. Types of leave include medical leave for personal health issues and parental leave for new children. Thirteen states and the District of Columbia have enacted comprehensive paid family leave systems, offering essential support for workers during significant life events. PFL is a vital resource for maintaining work-life balance and supporting family caregiving.

Do I Need Paid Family Leave Insurance In New York State
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Do I Need Paid Family Leave Insurance In New York State?

In New York State, most private employers are required to have Paid Family Leave (PFL) insurance, which is typically added to existing disability benefits policies. This coverage compensates employees for job-protected, paid time off to bond with a new child, care for a seriously ill family member, or support loved ones during deployments. All covered employees can take PFL after fulfilling minimum work requirements. Employers can obtain coverage from an insurance carrier or choose to self-insure through the Workers' Compensation Board.

As of January 1, 2018, paid family leave became mandatory, providing up to 12 weeks of leave. Currently, employees receive 67% of their average weekly wage, capped at the New York State Average Weekly Wage (NYSAWW). In 2018, employees were eligible for up to eight weeks at 50% of their average wage. The New York State Department of Labor leads a public awareness campaign to promote PFL. Employers also ensure job protection, continued health coverage, and safeguard employees from discrimination or retaliation.

The maximum weekly benefit for 2024 is $1, 151. 16. Notably, PFL may not always coincide with federal Family and Medical Leave Act (FMLA) provisions, which cover unpaid leave. Established in 2016, PFL is phased, and every New York Disability Benefit Law (DBL) policy must cover PFL. New York will introduce expanded benefits, including paid prenatal leave, effective January 1, 2025, making it the first state to offer such coverage.

Can My Employer Fire Me For Taking PFL
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Can My Employer Fire Me For Taking PFL?

Paid Family Leave (PFL) does not provide job protection; it offers paid benefits for time off to care for family. Job security may be covered by other laws, like the federal Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA). Employers are legally prohibited from discriminating or retaliating against employees who take PFL. This means employees cannot be fired or not returned to their same or comparable job after using PFL. Termination or reduction in pay or benefits due to PFL usage could lead to potential discrimination claims.

It’s important to note that PFL is not synonymous with job security. While employees can receive compensation during "baby bonding," there's no guarantee against termination. If an employee takes PFL and their job is eliminated following that, they might have a claim for discrimination. Employers cannot punish or fire an employee for taking PFL, but job protection is limited.

If employed at a smaller company (under 50 employees), PFL may not guarantee protection from job loss. PFL serves only as wage replacement and does not ensure job reinstatement. Firing an employee on PFL is not illegal unless it’s clearly due to the leave itself. Employers must comply with applicable laws providing protections, but PFL alone offers no job security.

Who Is Exempt From NY Paid Family Leave
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Who Is Exempt From NY Paid Family Leave?

Paid Family Leave (PFL) in New York is mandatory for eligible employees, with limited scenarios for waiving coverage. Employees working at least 20 hours weekly can opt out if not employed for 26 consecutive weeks. Alternatively, those working fewer than 20 hours can waive coverage if they do not accumulate 175 days in a year. Generally, most private sector employees in New York are eligible, provided they meet the minimum work requirements for qualifying events like bonding with a newborn, caring for a seriously ill family member, or aiding family during military service.

Public employees may also be covered if PFL is a negotiated benefit. Employees can waive their rights by completing a waiver form but will then be ineligible for benefits and not contribute to the program. Exclusions apply for specific employee classes, such as executive officers, clergy, and those in teaching roles. Furthermore, seasonal employees may also opt out. As of January 1, 2018, PFL allows eligible employees to take up to eight weeks of paid leave, compensated at 50% of their average weekly wage, capped at 50% of the New York State Average Weekly Wage. Employers must ensure clarity on coverage responsibilities and employee eligibility.

What Are The Rules For PFL In NY
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What Are The Rules For PFL In NY?

Employees in New York can utilize Paid Family Leave (PFL) within the first 12 months after the birth, adoption, or fostering of a child, allowing for up to 12 weeks of job-protected, paid leave. PFL can also be used to care for a close relative with a serious health condition. Eligible employees receive 67% of their average weekly wage, capped at 67% of the Statewide Average Weekly Wage. To qualify, employees must have worked a minimum of 26 consecutive weeks if employed full-time (20+ hours weekly) or 175 days for part-time workers (under 20 hours weekly).

PFL is intended for bonding with a new child, caring for an ill family member, or assisting a loved one during a challenging time. This leave is funded by employee contributions and supplements any existing employer-provided benefits. Since the 2018 enactment of PFL, over 128, 000 New Yorkers have taken advantage of these benefits.

To request leave, employees should notify their employer 30 days ahead when feasible and complete the designated claim form. Additionally, the maximum weekly benefit for 2024 is set at $1, 151. 16. Overall, PFL aims to support workers by providing essential family time while protecting their job and income.

Who Funds New York Paid Family Leave
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Who Funds New York Paid Family Leave?

New York's Paid Family Leave (PFL) program is an employee-funded insurance initiative designed to provide job-protected paid time off for eligible workers. Funded entirely through payroll deductions, employees contribute 0. 388% of their gross wages, with an annual cap of $354. 53. PFL allows up to 12 weeks of leave for bonding with a newborn, adopted, or fostered child; caring for a seriously ill family member; or supporting loved ones during a military deployment.

Eligibility applies to most private and some public employees in New York State, enabling them to receive both PFL and parental leave concurrently if they qualify under agency policies. The Department of Financial Services annually sets the contribution rate to cover the program's costs.

Employers are responsible for implementing the program by obtaining coverage, collecting employee contributions, and completing necessary documentation. PFL coverage typically functions as a rider on existing disability benefit insurance policies. Though employers may cover these costs and not deduct from employee wages, New York's PFL is fundamentally built to be employee-funded. As of 2025, employees are informed that their contributions support the program, with contributions used exclusively for PFL benefits and job protection guaranteed for those taking leave.


📹 New York Paid Family Leave Guide for Employers and Business – February 2018

A presentation on New York’s Paid Family Leave for employers and business.


Freya Gardon

Hi, I’m Freya Gardon, a Collaborative Family Lawyer with nearly a decade of experience at the Brisbane Family Law Centre. Over the years, I’ve embraced diverse roles—from lawyer and content writer to automation bot builder and legal product developer—all while maintaining a fresh and empathetic approach to family law. Currently in my final year of Psychology at the University of Wollongong, I’m excited to blend these skills to assist clients in innovative ways. I’m passionate about working with a team that thinks differently, and I bring that same creativity and sincerity to my blog about family law.

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