You never know what life will throw at you, especially during an emergency or crisis that may require you to take time off from work.
The good news is that under New York State Paid Family Leave (PFL), you can take paid time off from work to bond with a new child, care for a family member with a serious health condition, or address certain military family needs. This lets you prioritize your family's well-being without sacrificing your income and gives you peace of mind that you can help when they need you the most. No longer do working families have to choose between caring for their loved ones and risking their economic security.
How does PFL work?
PFL provides eligible employees with up to 12 weeks of job protected, paid time off to bond with a newly born, adopted or fostered child, care for a family member with a serious health condition, or assist loved ones when a family member is deployed abroad on active military service.
Employees taking PFL will receive up to 67% of their average weekly wage (AWW), capped at 67% of the Statewide Average Weekly Wage (SAWW). Generally, your AWW is the average of your last eight weeks of wages prior to taking PFL, including bonuses and commissions. For 2024, the maximum weekly benefit is $1,151.16.
With PFL, your employer must also allow you to return to your job, or a comparable one, when your leave ends, provide you with continued health insurance while on leave, and cannot discriminate or retaliate against you for requesting or taking PFL.
What reasons can you use PFL?
PFL provides eligible employees with job-protected, paid time off to do any of the following:
- Bond with your child within 12 months of his or her birth, adoption, or foster placement.
- Take care of a family member with a serious health condition.
- Assist loved ones when a family member is deployed abroad.
PFL allows you to bond with your new baby while on job-protected, paid time off. Similarly, you can use paid time off to bond with your newly adopted child. This form of leave begins within 12 months of birth or adoption. If you need time off from work to facilitate the adoption, you may also qualify for PFL even before the adoption finalizes.
When it comes to family care leave, you may take paid time off if any of your family members are suffering from a serious health condition. Family members include spouse, domestic partner, child/stepchild, and anyone for whom you have legal custody, parent/stepparent, parent-in-law, grandparent, grandchild, and sibling. A serious health condition is an illness, injury, impairment, or physical or mental condition that involves specialized care.
Lastly, when your spouse, domestic partner, child, or parent is on active duty in a foreign country or has received notification of an impending call or order to active duty in a foreign country, you can use PFL to assist with family situations.
Who is eligible for the PFL?
While most employees in New York working for private employers are eligible to take PFL, there are certain workers excluded from coverage including licensed ministers, priests or rabbis, persons engaged in a professional or teaching capacity for a not-for-profit, and those who work in service as a golf caddy.
Covered employees become eligible to take PFL once they have met the minimum time-worked requirements. If you are a full-time employee who works a regular schedule of 20 or more hours per week, you are eligible for PFL after 26 consecutive weeks of employment. On the other hand, if you are a part-time employee who works a regular schedule of less than 20 hours per week, you can take PFL after working 175 days, which do not need to be consecutive.
Paid Prenatal Personal Leave
Starting on January 1, 2025, workers in New York who are pregnant may also have additional paid time off available to them for doctors’ appointments, procedures, or other types of prenatal care. Paid prenatal personal leave can be taken for the health care services received by an employee during their pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with a health care provider related to the pregnancy.
What are the Common Issues Faced by Employees?
Despite the benefits and protections offered by PFL, you may face challenges such as delays in payment processing, denial of claims due to insufficient documentation, or a lack of understanding about the specific steps needed to apply for leave. Miscommunications can also occur between you and your employer about your eligibility or the amount of leave available.
You may also encounter subtle forms of discrimination or retaliation upon returning to work, such as reduced hours, undesirable tasks, or even job loss. It is critical that you be aware of any changes in your employment after leave and seek legal advice if you suspect any form of unlawful treatment. At Horn Wright, we protect your rights against PFL retaliation.
Protect Your Rights and Secure a Better Work-Life Balance
New York State Paid Family Leave not only supports employees during crucial times of need but also promotes a healthier work-life balance by ensuring job protection and the continuation of health benefits.
If your employer retaliated against you for exercising your rights to paid time off under PFL, reach out to Horn Wright, LLP and take legal action now. Call (855) 465-4622 or contact us online to request your free, confidential consultation.