NY: Paid Family Leave Deductions

The New York Workers’ Compensation Board has revised two provisions of the NY Paid Family Leave Law.

The first change is that employers may use an employee’s actual weekly wage to calculate the employee contribution, as opposed to using the average state weekly wage.

Without issuing any formal guidance, the Board is now providing employers with the option of meeting the annual maximum deduction of $85.56 as follows: the employee contribution will be .126% of the employee’s weekly wage (rather than the average state weekly wage, which is currently $1,305.92).

Second, employers who voluntarily provide statutory disability to employees who would otherwise be ineligible are required to provide Paid Family Leave benefits to those employees.

[T]he Board interprets N.Y. W.C.L. § 212 to require employers who voluntarily provide statutory disability coverage to employees not otherwise covered under the law (for example, teachers and clergy employed by private institutions), to provide PFL coverage for these employees as well.

For more on these changes, please click here.

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