Subject: PFL Tidbits #10

Posted on Posted in Paid Family Leave

The State’s recently published guidance and newly released forms


The State revised the Statement of Rights for 2019, employers should post prior to January 1, 2019. The new Statement is available here:  http://www.wcb.ny.gov/content/main/forms/PFL271S_2019.pdf

The Worker’s Compensation Board published a form that employers may consider using to notifying their employees, customized to each employee, of the increase in the deduction amount to avoid any confusion regarding the amount of the payroll deductions.  The form is available here:

http://www.wcb.ny.gov/content/main/forms/PFLDocs/Downloadable/Employer/pfl-pay-deduction-notice-2019.pdf

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.

How many weeks of Paid Family Leave are available to employees in 2019?
Eligible employees can take up to 10 weeks of Paid Family Leave in 2019.

How much will employees get paid when taking Paid Family Leave in 2019?
Employees taking Paid Family Leave will get 55% of their average weekly wage, up to a cap of 55% of the current Statewide Average Weekly Wage of $1,357.11.

What is the maximum weekly benefit in 2019?
The maximum weekly benefit for 2019 is $746.41.

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.

I am having a new baby in the fall of 2018. Can I wait until 2019 to take Paid Family Leave to get the enhanced benefits?
Yes, you can take Paid Family Leave for bonding with a new child at any time within the first 12 months of the child’s birth, adoption or foster care placement, provided that you remain an eligible, covered employee.

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.

What is the weekly employee contribution rate for 2019?
If you are paid weekly, the 2019 payroll contribution is 0.153% of your gross weekly wages and is capped at an annual maximum of $107.97. If your gross weekly wages are less than the New York State Average Weekly Wage ($1,357.11 per week), you will have an annual contribution amount less than the annual cap of $107.97, consistent with your actual wages.

For example, in 2019, if you earn $27,000 a year ($519 a week), you will pay about 79 cents per week.

What is the maximum amount employees will pay for Paid Family Leave in 2019?
The maximum employee contribution for 2019 is $107.97.

On March 31, 2018, New York updated the Statewide Average Weekly Wage (SAWW). When does this SAWW take effect for Paid Family Leave deduction and benefit caps?
The new SAWW only applies to the 2019 benefit and will not affect Paid Family Leave deductions or benefits until January 1, 2019, if leave was begun on or after that date. The new SAWW does not have any impact on Paid Family Leave benefits in 2018.

What is the Statewide Average Weekly Wage that will be used for Paid Family Leave in 2019?
The Statewide Average Weekly Wage for Paid Family Leave in 2019 is $1,357.11.

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