NY Employers Take Note: Paid Family Leave Benefits Law Becomes Effective Jan. 1st

On Jan. 1, 2018, the New York Paid Family Leave Benefits Law (NYPFL) takes effect throughout New York for private-sector employers. The NYPFL, which was signed into law by Gov. Andrew Cuomo and finalized by the New York Worker’s Compensation Board (WCB) in July 2017, guarantees job-protected paid time off to almost every full-time and part-time private-sector New York employee. Lisa Nagele-Piazza, “New York Paid-Family-Leave Final Regulations Are Available to Employers,” Soc’y for Human Resource Mgmt. (Aug. 1, 2017). In enacting the NYPFL, New York joined California, Rhode Island and New Jersey as the only states in the nation that provide paid family leave benefits; however, once fully implemented, the NYPFL will be the most comprehensive paid family leave law in the nation. State of N.Y., “Paid Family Leave: How It Works” (last visited Sept. 27, 2017). New York private-sector employers must adhere to the NYPFL’s mandates (including its employee notice provisions) no later than Jan. 1, 2018. Therefore, it is paramount that employers make sure they are prepared to comply with the NYPFL prior to that date. This article describes the NYPFL and its requirements, and recommends steps that New York employers can take to comply with the law by January 1.

Eligible Employees

Virtually every full-time and part-time private-sector employee who works in New York will be eligible for benefits under the NYPFL, depending upon their length of service. Id. Full-time private-sector employees, or those with a regular work schedule of 20 or more hours per week, become eligible to receive benefits under the NYPFL after 26 weeks of employment. Part-time private-sector employees, or those who work less than 20 hours per week, become eligible for NYPFL benefits after 175 days of employment. Id. Freelancers and independent contractors, among other categories of workers, are not covered by the law and are thus not eligible to receive NYPFL benefits. N.Y. Workers’ Compensation Board, “Laws, Regulations and Decisions—Paid Family Leave” (last visited Sept. 27, 2017). Other categories of exempted workers include volunteers, livery drivers, black car operators, recipients of charitable aid, and teachers. Id.

Employee Benefits Provided by the NYPFL