Empowering Individuals

Paid Family Leave Is Coming to New York

Posted by Giovanna A. D'Orazio | Aug 01, 2017 | 0 Comments

Paid family leave is coming to New York in January 2018.  This is significant, since there is no paid leave at the federal level.  The Family and Medical Leave Act (“FMLA”) provides only for unpaid leave and applies to a limited number of employees: those who work for public or larger (50 or more employees) employers.  The New York law will apply to significantly more private workers – applying to employers with two (2) or more employees as well as to full and part-time workers.  Public employers may opt into the program or participation can be included as part of collective bargaining for those covered by union contracts.

In New York, family leave applies to taking time off to care for a child after birth, adoption or fostering; caring for family members with serious health conditions; and those affected by a close family member's active military deployment.  Full time employees who have worked for 26 consecutive weeks will be eligible for leave upon a qualifying event.  Implementation will be gradual with employees receiving 50% pay over 8 weeks in 2018; 55% pay for 10 weeks in 2019; 60% pay for 10 weeks in 2020; and leading to 67% pay in 2021 for 12 weeks.  The program will be funded by a deduction from employee paychecks and is not intended to place a financial burden on employers.

The State is providing guidance on the new program on their website, and they have also provided fact sheets for employers and employees.

About the Author

Giovanna A. D'Orazio

Giovanna has experience litigating, among other things, commercial, general civil, employment, land use and personal injury matters in New York State and federal courts. Giovanna also has experience litigating Article 78 proceedings in New York State court.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Personal Injury

Have you been injured at a job site, or in a vehicle? D’Orazio Peterson is an experienced Personal Injury law firm. If you have experienced serious injury due to negligence or malice, be sure to contact us to see what we can do to help you receive the justice you deserve.

Employment Law

If you were recently laid off during maternity leave or you’re having trouble at work and think discrimination is to blame, you have the right to fight back against your employer’s poor behavior. D’Orazio Peterson handles employment law cases involving FMLA violations and incidents of discrimination based on age, gender, race or disability.

Medical Errors

Medical errors are a leading cause of death, and many are preventable. We work towards eliminating those errors.