2024 New York leave updates
2024 New York Leave Updates
Under New York’s paid family leave law, eligible employees can take up to 12 weeks of paid time off to bond with a child, care for a family member with a serious health condition, or to assist loved ones when a family member is deployed abroad on active military service.
Under the New York law, eligible employees can receive compensation from the state up to a weekly cap.
Here are some key updates on how the law will be administered in 2024:
Increased Maximum Weekly PFL Benefit. Employees taking PFL in New York receive 67% of their average weekly wage up to a cap of 67% of the New York state average weekly wage. In 2024, the maximum weekly benefit a New York employee can receive during a paid family leave is $1,151.16. This is an increase from the maximum of $1,131.08 in 2023.
The increase to the maximum benefit raises a tricky payroll question: what happens if an employee starts a paid family leave in 2023 that spans into 2024? Will the employee be entitled to benefits up to the 2023 cap ($1,131.08) or the 2024 cap ($1,151.16)?
The benefit rate that applies is the one in effect on the first day of a “period” of leave. So, if an employee starts a continuous leave in 2023 that spans into 2024, the maximum benefit rate will be the 2023 cap ($1,131.08).
The same rule generally applies to intermittent PFL. If the employee takes days off intermittently, then the benefit cap will be the one that was in effect on the first day of the period of leave. However, if more than three months pass between days of PFL, the next day or period of PFL is considered a new claim under the law. The employee will need to file a new request for PFL, and if the benefits cap has increased as of the first day of the new period of leave, then the employee will be eligible for payments up to the new cap.
Sibling Care. As of 2023, the law was expanded to allow employees to use PFL to care for a sibling with a serious health condition. This is a departure from the FMLA, which does not provide employees with leave to care for a sibling. Covered siblings under New York law include biological siblings, adopted siblings, step-siblings, and half-siblings. The sibling does not need to live in New York for the employee to qualify for leave.
Funding. New York’s PFL program is funded by employee payroll contributions. In 2024, employees will contribute 0.373% of their gross wages per pay period up to a maximum annual contribution of $333.25. The maximum annual contribution is $66.18 less than in 2023, when the contribution rate was 0.455% up to a maximum of $399.43.
New Materials. New York also released new model language for employee materials, an employee notice of paid family leave payroll deduction, and other resources available on the state PFL website. You can learn more here.
EquiLeave helps employers calculate supplemental leave payments so employees can enjoy fair and equitable family leave. Click here for more information.
