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New York Paid Family Leave Updates for 2022

New York Paid Family Leave Updates for 2022

Overview

What's New for 2022

Since first launching in 2018, New York State Paid Family Leave has provided critical benefits to improve the lives of tens of thousands of working New Yorkers and their families.

After a successful four-year phase-in, New York State Paid Family Leave is now fully realized, with benefits at their target levels. Read on to learn how Paid Family Leave may be able to help you and your family in 2022.
 

Up to 12 Weeks of Leave

New York State Paid Family Leave 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, or to assist loved ones when a family member is deployed abroad on active military service. This time can be taken all at once, or in increments of full days.

Paid Family Leave may also be available in some situations when an employee or their minor, dependent child is under an order of quarantine or isolation due to COVID-19. (See the COVID-19 quarantine leave page for full details.)
 

At 67% of Pay (Up to a Cap)

Employees taking Paid Family Leave receive 67% of their average weekly wage, up to a cap of 67% of the current Statewide Average Weekly Wage (SAWW). For 2022, the SAWW is $1,594.57, which means the maximum weekly benefit is $1,068.36. This is $96.75 more than the maximum weekly benefit for 2021.
 

Paid Family Leave Benefits Examples
Worker's Average Weekly Wage Weekly PFL Benefit*
$600 $402
$1,000 $670
$2,000 $1,068.36

*The weekly PFL benefit is capped at $1,068.36 (67% of the Statewide Average Weekly Wage).
 

Same Strong Protections

Employees can take leave to care for their family members knowing New York has their backs. With some of the nation’s strongest worker protections, New York State Paid Family Leave guarantees that:

  • Employees have job protection, ensuring they can return to the same job (or a comparable one) when they return from Paid Family Leave.
  • Employees can keep their health insurance while on leave on the same terms they had while working.
  • Employers are prohibited from discriminating or retaliating against employees for requesting or taking Paid Family Leave.

And as New York continues to look out for some of our most vulnerable workers, citizenship is never a factor in eligibility for New York Paid Family Leave.
 

Fully Funded by Employees

New York State Paid Family Leave is insurance that may be funded by employees through payroll deductions. The contribution remains at just over half of one percent of an employee’s gross wages each pay period. The maximum annual contribution for 2022 is $423.71.

Employees earning less than the current Statewide Average Weekly Wage (SAWW) of $1,594.57 will contribute less than the annual cap of $423.71, consistent with their actual wages.

Here are some contribution and benefit examples at different income levels:

  1. Employees earning $519 a week (about $27,000 a year) will pay about $2.65 per week: $519 x 0.511%. When taking the benefit, these employees will receive $347.73 per week, up to a maximum total benefit of $4,172.76.
  2. Employees earning $1,000 a week ($52,000 a year) will pay $5.11  per week: $1,000 x 0.511 %. When taking the benefit, these employees will receive $670 per week, up to a maximum total benefit of $8,040.
  3. Employees earning the SAWW of $1,594.57 (about $83,000 a year) or more will pay 0.511% x their gross wages each pay period until they reach the maximum of $423.71. When taking the benefit, these employees will receive $1,068.36 per week, up to a maximum total benefit of $12,820.32.

For more information or assistance on Paid Family Leave, see the frequently asked questions and employer resources, below. You can also call the Paid Family Leave Helpline at 844.337.6303 from 8:30 a.m. to 4:30 p.m., Monday through Friday.

Frequently Asked Questions

How many weeks of Paid Family Leave are available to employees?
Eligible employees can take up to 12 weeks of Paid Family Leave.

How much will employees get paid when taking Paid Family Leave?
Employees taking Paid Family Leave will get 67% of their average weekly wage, up to a cap of 67% of the current Statewide Average Weekly Wage of $1,594.57.

What is the maximum weekly benefit?
The maximum weekly benefit for 2022 is $1,068.36.

If I start my continuous leave in one year and it extends into the next, am I eligible for the benefits at the 2022 rate?
You get the benefit rate in effect on the first day of your leave.

If I start my intermittent leave in 2021, and it extends into 2022, am I eligible for the benefits at the 2022 rate?
You get the benefit rate in effect on the first day of a period of leave. When more than three months passes between days of Paid Family Leave, your next day or period of Paid Family Leave is considered a new claim under the law. This means you will need to file a new request for Paid Family Leave and that you may be eligible for the increased benefits available should that day or period of Paid Family Leave begin in 2022.

I am having a new baby in 2021; can I wait until 2022 to take Paid Family Leave?
Yes, you can take (and must complete) Paid Family Leave for bonding with a new child at any time within the first 12 months of the child’s birth, adoption or foster care placement, provided that you remain an eligible, covered employee.

I used all 12 weeks of Paid Family Leave in the last year; can I take more Paid Family Leave this year if I experience another qualifying event?
Employees may take up to 12 weeks of Paid Family Leave in every 52-week period. This means that if you used the full 12 weeks of leave, the next time you would be eligible to take Paid Family Leave again is one year from your first day of leave.

What is the weekly employee contribution rate?
If you are paid weekly, the payroll contribution is 0.511% of your gross weekly wages and is capped at an annual maximum of $423.71. If your gross weekly wages are less than the New York State Average Weekly Wage ($1,594.57 per week), you will have an annual contribution amount less than the annual cap of $423.71, consistent with your actual wages.

For example, if you earn about $27,000 a year ($519 a week), you will pay about $2.65 per week.

If you are not paid weekly, the payroll contribution will be 0.511% of your gross wages for the pay period.

What is the maximum amount employees will pay for Paid Family Leave?
The maximum employee contribution for 2022 is $423.71.

On March 31, 2021, New York updated the Statewide Average Weekly Wage (SAWW). When does this SAWW take effect for Paid Family Leave deduction and benefit caps?
The new SAWW only applies to the 2022 benefit and will not affect Paid Family Leave deductions or benefits until January 1, 2022, if leave was begun on or after that date. The new SAWW does not have any impact on Paid Family Leave benefits in 2021.

What is the current Statewide Average Weekly Wage used for Paid Family Leave benefits in 2022?
$1,594.57.

Employer Resources