New York PFL Updates for 2023

New York Paid Family Leave (NY PFL) launched in 2018 to provide caregiving benefits to New York State (NYS) workers and their families. NY PFL was implemented in a four-year phase in period and benefits are now fully phased in. In 2023, siblings will be included as covered family members for taking NY PFL benefits and the contribution rate will decrease. Read on for more information.

NY PFL Overview

NY PFL provides eligible employees with up to 12 weeks of job-protected, paid time off to bond with a new child, care for a family member with a serious health condition^[1], or to assist loved ones when a family member is deployed abroad on active military service. This paid time can be taken all at once, or in increments of full days. Employees may take the maximum time-off benefit in any given 52-week period. Eligible employees are employees who have been employed full-time for 26 weeks or part-time for 175 days, regardless of citizenship and/or immigration status.

NY PFL may also be available in certain circumstances when an employee or their minor, dependent child is under an order of quarantine or isolation due to COVID-19. Note that NY PFL cannot be taken for an employee’s own serious health condition.

When employees take NY PFL, they are guaranteed:

• Job protection that ensures they return to the same job (or a comparable one) when returning to work,

• Health insurance coverage on the same terms they had while working, and

• Protections against employer discrimination or retaliation when requesting or taking NY PFL.

Siblings As Covered Family Members for NY PFL

In 2023, siblings will be included on the list of covered family members for taking NY PFL when caring for a family member with a serious health condition. This includes biological siblings, adopted siblings, stepsiblings, and half-siblings. These family members can live outside of NYS, and even outside of the country.

The current NY PFL covered family member list includes:

• Spouse

• Domestic partner

• Child and stepchild

• Parent and stepparent

• Parent-in-law

• Grandparent

• Grandchild

NY PFL Funding Rates for 2023

NY PFL is funded through employee payroll contributions that are set each year to match the cost of coverage. The NYS Department of Financial Services evaluates the financial health of the NY PFL program every year and determined that the contribution rate for 2023 will be 0.455% of an employee’s gross wages – down from 0.511% in 2022. The contribution rate will be capped at an annual maximum employee contribution of $399.43 – down from $423.71 in 2022.

The NY PFL benefit remains at 67% of the employee’s average weekly wage (AWW), capped at a maximum weekly benefit of $1,131.08 for 2023.

See below for a NY PFL reference chart with historical information:

Next Steps for Employers

Since most private employers in NYS are subject to PFL, they are advised to update their employee handbooks or other leave materials to include siblings as covered family members under NY PFL for 2023. NYS released model language resources to assist employers with updating their materials for 2023 that can be accessed here.

Employers are also advised to confirm with their payroll providers that the NY PFL premium contribution rates and maximum amounts are updated in their payroll systems for January 1, 2023.

Risk Strategies is committed to keeping employers informed and up-to-date. Contact us at benefits@risk-strategies.com.

[1] A serious health condition is an illness, injury, impairment, or physical or mental condition involving either:

• inpatient care in a hospital, hospice, or residential health care facility

• continuing treatment or continuing supervision by a health care provider.