Since we last reported on the New York Paid Family Leave Act, there have been some updates to the legal requirements by which employers with employees in New York must abide. The state also has since revised its website, with an updated overview for employers and employees as well as an updated statement of rights for 2019 and other model forms and some FAQs that help clarify certain points that left many employers confused by the switch from 2018 to 2019.

Among these updates are:

  • The statewide average weekly wage (SAWW) changed from $1,305.92 in 2018 to $1,357.11 in 2019.
  • The benefit duration changed from eight weeks (or 40 days) in 2018 to 10 weeks (or 50 days) in 2019.
  • The benefit percentage changed from 50 percent of an employee's average weekly wage (up to a cap of 50 percent of the SAWW) in 2018 to 55 percent of the employee's average weekly wage (up to a cap of 50 percent of the SAWW) in 2019.
  • The maximum weekly benefit amount changed from $652.96 in 2018 to $746.41 in 2019.
  • A The payroll deduction rate changed from 0.126 percent of covered payroll (up to an annual cap of $85.56) in 2018 to 0.153 percent of covered payroll (up to an annual cap of $107. 97).
  • Effective Feb. 3, 2019, the definition of "serious health condition" was expanded to include preparation for and recovery from surgery related to organ or tissue donation, ensuring those who donate can be cared for by their eligible family members on New York paid family leave.

Despite the state's updated website, this law continues to create confusion among employers and employees alike – particularly with regard to situations involving a leave of absence that began in 2018 and continues through 2019 as well as those situations involving employees who used all eight weeks in 2018 and experience another qualifying event in 2019.

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