Frequently Asked Questions about Employee Rights
In 2016, Governor Andrew Cuomo signed legislation giving New York workers one of the strongest paid family leave programs in the country. It’s funded entirely through insurance with contributions from employees. As an employer, it’s critical that you understand the requirements of the law. Here are some of the most common questions or concerns about the benefits available to workers under the statute.
Q: How much paid leave can an employee take in any given year?
An eligible employee may take up to 12 weeks of paid family leave in any 52-week period. Leave not used in one calendar year cannot be carried over. Leave is available on a rolling 52-week basis. An employee who takes all 12 weeks in a given period may not take additional leave until one year from the first day of the previous leave.
Q: Are all employees automatically covered by the law?
No. To qualify for paid family leave benefits, an employee must either work 20 or more hours for 26 consecutive weeks or a minimum of 175 days during a 52-week period. The employer must also be covered by the law. Public employers and out—of-state employers are typically exempt.
Q: How much will an employee receive per week in 2025 while taking paid family leave?
Under the law, employees receive 67% of their average weekly wage, capped at 67% of the New York Statewide Average Weekly Wage (NYSAWW). In 2025, the NYSAWW is set at $1,757.19, allowing a maximum benefit of $1,177.32, an increase of $26.16 from 2024.
Q: Will employees who are already on paid family leave on January 1, 2025 have their benefits increased based on the new cap?
No. The benefits paid are as of the first day of leave and do not change.
Let Stephen Hans & Associates Help You Avoid Employment Law Violations
At Stephen Hans & Associates, we have successfully represented many employers throughout the greater New York City area in litigation involving workplace disputes for many years. Our experienced attorneys are glad to answer your questions and provide legal advice. Our offices are conveniently located in Long Island City with easy access from Manhattan.