Several changes to the state’s paid family leave (PFL) law were recently adopted. The first amendment clarified the amount of intermittent PFL available to employees working more than five days per week. The second change amended the definition of family member for PFL purposes to include siblings.
The PFL law was designed to provide paid job protected leave for eligible employees to care for a new child following birth, adoption or placement in the home, to care for a family member with a serious health condition, or for qualifying exigencies related to military duty. Employees are eligible for up to 12 weeks of PFL in a 52-week period at 67% of their average weekly wage, up to a maximum set by the state.
Effective January 1, 2022, the 60-day cap on intermittent leave will be removed. Under the new amendment, intermittent leave benefits will be calculated by multiplying the average number of days per week that the employee works by 12 weeks. This will enable those working more than five days per week to receive the proportionate amount of leave to which they are entitled. For example, employees who work the equivalent of six days per week will be entitled to 72 days of PFL to be used intermittently in a 52-week period. The amendment will apply to all eligible employees for leave requests made on or after January 1, 2022 (and not for claims initiated prior to this date, even if the PFL continues to be paid in 2022).
Effective January 1, 2023, the definition of family member for PFL purposes will be expanded to include biological and adopted siblings, half-siblings and step-siblings. This will allow employees to take leave to care for a sibling with a serious health condition. Currently, family members for PFL purposes include a child, parent, grandparent, grandchild, spouse and domestic partner.
Employers should review their current PFL policies and procedures and be prepared to comply with the updated requirements, once effective.
Adoption of Amendment to 12 NYCRR 380-2.5(c) (PFL Intermittent Leave) » S 2928A »
PPI Benefit Solutions does not provide legal or tax advice. Compliance, regulatory and related content is for general informational purposes and is not guaranteed to be accurate or complete. You should consult an attorney or tax professional regarding the application or potential implications of laws, regulations or policies to your specific circumstances.
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