The Paid Family Leave Act

How does this affect you and your family?

If you are expecting a child, have military members in your family or sickness arising in a loved one, the paid family leave act might apply to you. The paid family leave act allows for employees of private companies the opportunity to take time out of work for a significant life event. Defined, Paid family leave (PFL) refers to partially or fully compensated time away from work for significant family caregiving needs. These events are typically the arrival of a new child or serious illness of a close family member. Citizenship and immigration status is not a factor in employee eligibility, allowing most workers of private companies the chance to participate. 

Full-time and part-time employees become eligible to participate in these benefits after specific mandatory requirements are met. For example, full-time employees who work a regular schedule of 20 or more hours per week are eligible after 26 weeks of employment. As for part-time employees, employees who work a regular schedule of 20 or more hours per week are eligible after working 175 days. Employees with irregular schedules should look at their average schedule to determine if they work, on average, fewer than 20 hours per week. Self-Employed individuals can take advantage of New York Paid Family Leave by voluntarily opting in. Independent contractors are not considered employees for purposes of New York State’s Disability and Paid Family Leave Law. Meaning, employers are not required to cover independent contractors. Some exclusions apply to this act, you may not be able to participate in this benefit if you are a licensed minister, priest or rabbi, engaged work for a non-profit and those who work in service as a golf caddy. Despite this, however, some employers choose to voluntarily cover them.

Please do not hesitate to contact us for more information explaining your role in Paid Family Leave one of our associates would be happy to go into more depth. Additional factors may affect your eligibility to participate if you have any questions, comments or concerns one of our team members will be glad to assist you. 

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References: 

https://fas.org/sgp/crs/misc/R44835.pdf

https://paidfamilyleave.ny.gov/eligibility

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