Paid Family Leave provides both time off and wage replacement benefits, which phase in over a four-year period through 2021. The wage benefit is a percentage of your average weekly wage (AWW), capped at the same percentage of the Statewide Average Weekly Wage (SAWW). Generally, your AWW is the average of your last eight weeks of wages prior to taking PFL, including bonuses and commissions. The SAWW is updated annually.
If your average weekly wage is more than $100, the minimum benefit amount is $100. If your average weekly wage is less than $100, you will receive your full wages during a period of PFL. For example, if your average weekly wage is $150, your PFL benefit rate would be $100. If your average weekly wage is $40, your PFL benefit rate would be $40.
|2018||8 weeks||50% of employee's AWW, up to 50% of SAWW|
|2019||10 weeks||55% of employee's AWW, up to 55% of SAWW|
|2020||10 weeks||60% of employee's AWW, up to 60% of SAWW|
|2021||12 weeks||67% of employee's AWW, up to 67% of SAWW|
In most cases, the insurance carrier will pay benefits or deny your claim within 18 days of receiving your completed request or your first day of leave, whichever is later. After the initial payment, payments are made biweekly. Your insurance carrier may provide options for how you will be paid, for example, via direct deposit, debit card or paper check.
Note: Pursuant to the Department of Tax Notice No. N-17-12 [PDF], Paid Family Leave benefits are taxable. Taxes will not automatically be withheld from benefits, but employees can request voluntary tax withholding. Questions related to the taxability of Paid Family Leave contributions should be referred to the NYS Department of Taxation and Finance.
Frequently Asked Questions
If I start my continuous leave in 2018, and it extends into 2019, am I eligible for the benefits at the 2019 rate and an extra two weeks?
You get the benefit rate and number of weeks in effect on the first day of your leave.
If I start my intermittent leave in 2018, and it extends into 2019, am I eligible for the benefits at the 2019 rate and an extra two weeks?
You get the benefit rate and number of weeks 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 this day or period of Paid Family Leave begin in 2019.
I used all eight weeks of PFL in 2018. Can I take more PFL in 2019 if I experience another qualifying event?
If you experience another qualifying event in 2019, you may be eligible for up to two weeks of additional leave. The maximum amount of leave in 2019 is 10 weeks in a 52 week period. If you took eight weeks of PFL in the last 52 weeks, and have another qualifying event in 2019, you may be limited to two weeks at the new rate, since it is a rolling calendar. When it has been 52 weeks from your 2018 leave dates, you will accrue a new week of available PFL up to another eight weeks.