New York Leave of Absence (FMLA) laws & compensation compliance analysis

New York Leave of Absence (FMLA): What you need to know

In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness.
New York does have such a law.
Effective January 1, 2018, nearly all employees covered by the state’s temporary disability insurance law are also eligible for paid family leave.
For a Limited Time receive a FREE Compensation Market Analysis Report! Find out how much you should be paying to attract and retain the best applicants and employees, with customized information for your industry, location, and job. Get Your Report Now!
Covered employers. Most private employers with one or more employees are covered by the law. Public employers may opt in to the system.
Any employer, regardless of location, with employees working in New York for 30 or more days in a calendar year must obtain paid family leave coverage.
Paid family leave is a benefit for people who work in New York; therefore, it does not matter where the employer is headquartered or where the employee lives.
Covered employees. As noted, nearly all employees covered by the state’s temporary disability insurance law will also be eligible for paid family leave.
• Employees with a regular work schedule of 20 or more hours per week are eligible after 26 weeks of employment.
• Employees with a regular work schedule of less than 20 hours per week are eligible after 175 days worked.
Independent contractors are not considered employees under the law; however, self–employed individuals may voluntarily obtain paid family leave coverage for themselves if desired.
Paid family leave insurance. Wage replacement during paid family leave is not funded by employers. Rather, paid family leave is funded via a paid family leave insurance policy. This policy will typically be added to an employer’s existing ...

Read more about Leave of Absence (FMLA)