by Stephen D. Hans | Apr 9, 2024 | Healthcare, NY Paid Family Leave Amendments for 2022, Paid Family Leave Updates for 2023
The Responsibilities of Employers in NYC to Provide Paid Leave for Workers In 2020, the New York state legislature passed a new law guaranteeing paid sick leave to qualified employees throughout the state. Later that year, New York City amended the Earned Safe and Sick Time Act (ESSTA) to ensure compliance with the state law. Here are the pertinent details of New York City’s paid safe and sick leave law: All employers in New York City with 100 or more employees are required to provide each worker with a minimum of 56 hours of paid leave every calendar year Businesses with more than four, but less than 100 employees, must give workers at least 40 hours of paid leave during the calendar year Companies with less than five employees, but an annual net income of more than $1 million, must also allow up to 40 hours of paid leave per calendar year Companies with fewer than five employees, but less than $1 in net income, must still allow up to 40 hours of annual leave per calendar year, but do not have to pay employees while on leave Under the law, employers must put together a written safe and sick leave policy and must give employees a copy or otherwise ensure that employees understand what the benefit is and how to use it. An employer may not impose a waiting period for new employees to use the benefits. The employer must also keep employees informed of how much leave time has been used and how much is left, either as a part of the worker’s compensation information or through...
by Stephen D. Hans | Jan 22, 2022 | NY Paid Family Leave Amendments for 2022
Changes in Paid Family Leaves NY Paid Family Leave laws changed as of January 1, 2022 based on amendments adopted by the New York State Workers Compensation Board. Intermittent Paid Family Leave Days The Board clarified that family leave days taken intermittently must correlate to the weekly average number of days the employee works. When the law originally went into effect, it capped Paid Family Leave (PFL) days at 60 days. The amendment removes the 60-day cap. It now allows workers to take additional PFL days intermittently, if the employee works more than an average of five days per week. Siblings Included as Family Members In addition, PFL initially applied to family members for bonding with a new child, caring for a seriously ill family member (child, parent, grandparent, grandchild, spouse or domestic partner). It also covered assistance when an active military member is deployed. The amendment expanded the definition of family member to include siblings (effective January 1, 2023). This means a family member can go on PFL to attend to a sibling with a serious medical condition or illness. The maximum weekly PFL benefit increased to $1,068.36. This is an increase of around 10% from 2021. In addition, the maximum annual 2022 payroll contribution increased to $423.71. Employers should ensure they have adjusted their payroll contributions accordingly. (Updates reference: JD Supra) Seek legal counsel for NY Paid Family Leaves As an employer, even though you’re busy with every day business matters, staying up-to-date with legal changes is vital. An experienced lawyer can help you to stay apprised of compliance issues. If you have questions or concerns, consult...
