by Marti Cardi, Esq. - Senior Compliance Consultant and Legal Counsel
September 05, 2018
Here we are, 8 months into the first year of paid family leave in the state of New York. My attention, and that of many employers, has been diverted somewhat to the upcoming paid family and medical leave law enacted by the state of Washington, with premium collections beginning in January 2019. (For more information on Washington, you know where to go: www.matrix-radar.com, and search for anything about Washington.) 
But New York marches on, and we are closing in on changes to the NY PFL program that will go into effect January 1, 2019. The statute itself has built-in annual increases in the employee benefits percentage and leave duration for the 3 years after implementation. In addition, the Superintendent for the NY Department of Financial Services is to publish by September 1 of each year the rate for employee premiums for the policy period beginning on the following January 1. That information was released on August 31, 2018, and is available here.
Here’s how NY PFL premiums and benefits compare from 2018 to 2019:
| Effective | Duration | State Annual Weekly Wage (AWW) | Employee Premium* (capped at same % of state AWW) | Maximum Employee Premium | Employee Benefit (capped at same % of state AWW) | Max Benefit per Week |
| Jan 1 – Dec 31, 2018 | 8 weeks | $1,306 | 0.126% of employee’s weekly wage | $1.65 / week
$85.56 / year |
50% of employee’s AWW | $652.96 |
| Jan 1 – Dec 31, 2019 | 10 weeks | $1,357.11 | 0.153% of employee’s gross wages each pay period | $2.08 / week
$107.97 / year |
55% of employee’s AWW | $746.41 |
*The state uses slightly different terminology to describe the employee’s payroll contributions in 2018 and 2019, but the result should be the same – take the premium out of the employee’s paycheck at the proper percentage of that pay period’s wages until the maximum annual employee premium has been met.
Carryover of leaves from 2018 to 2019
At this point, one pressing question on employers’ minds is how much leave and benefits are available if an employee’s leave starts in 2018 but carries over into 2019? Here are some FAQs from the NY PFL website update for 2019:
- If I start my continuous leave in 2018, and it extends into 2019, am I eligible for the benefits at the
2019 rate and an extra two weeks?
You get the benefit rate and number of weeks in effect on the first day of your leave.
Managing an intermittent leave that carries over is – of course! – more complex:
- If I start my intermittent leave in 2018, and it extends into 2019, am I eligible for the benefits at the
2019 rate and an extra two weeks?
You get the benefit rate and number of weeks in effect on the first day of a period of leave. When more than
three months passes between days of Paid Family Leave, your next day or period of Paid Family Leave is
considered a new claim under the law. This means you will need to file a new Request for Paid Family Leave
and that you may be eligible for the increased benefits available should this day or period of Paid Family
Leave begin in 2019.
Remember that, in all events, the amount of leave an employee can take is measured looking back 52 weeks from the date of most recent usage. Here is an example of how to assess an employee’s leave rights in 2019 if the employee used all 8 weeks available in 2018:
- I used all eight weeks of PFL in 2018. Can I take more PFL in 2019 if I experience another qualifying event?
If you experience another qualifying event in 2019, you may be eligible for up to two weeks of additional leave.
The maximum amount of leave in 2019 is 10 weeks in a 52 week period. If you took eight weeks of PFL in the last
52 weeks, and have another qualifying event in 2019, you may be limited to two weeks at the new rate, since it is a
rolling calendar. When it has been 52 weeks from your 2018 leave dates, you will accrue a new week of available PFL,
up to another eight weeks.
MATRIX CAN HELP!
As state and federal programs proliferate, Matrix provides leave, disability, and accommodation management services to employers seeking a comprehensive and compliant solution to these complex employer obligations. We monitor the many leave laws being passed around the country and specialize in understanding how they work together.
If you have questions, contact your Account Manager or [email protected].