Effective January 1, 2018, the new New York Paid Family Leave Law (NYPFLL) will provide eligible employees who work in New York State with up to eight weeks, increasing over time to 12 weeks, of job-protected leave for the following "qualifying events":
During such leave, employees will be eligible to receive a portion of their compensation fully funded through employee payroll deductions and will be entitled to continued health insurance if they continue to pay their portion of premiums.
Unlike the federal Family and Medical Leave Act (FMLA), which covers employers with at least 50 employees, the NYPFLL will apply to nearly all New York employers, even if they have only one employee for at least 30 days in any calendar year. Thus, employers that are not covered by the FMLA must implement leave policies prior to the NYPFLL's effective date, among other requirements. New York employers that are already covered by the FMLA must also review and revise their policies, as the NYPFLL provides more expansive rights in some areas, including but not limited to different employee eligibility requirements and more covered family members for whose care employees may take leave.
The NYPFLL requires New York employers to navigate a new legal landscape they may not have needed to worry about in the past or, at the very least, requires a review and update of current policies. All covered employers should be prepared to change their policies and postings to reflect the requirements of the NYPFLL by the January 2018 effective date.
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