How Long It Takes To Get Paid In New York City For Maternity Leave?

Starting January 1, 2025, New York workers who are pregnant may also have additional paid time off available to them for doctors’ appointments. The Adams administration will double paid parental leave for non-union employees, from six to 12 weeks, and provide up to 12 weeks of paid family leave for certain State employees.

Eligible workers can get up to 12 weeks of Paid Family Leave at 67 percent of their pay, up to a cap. Employers can allow employees to take vacation or pay prenatal personal leave. Starting January 1, 2025, workers in New York who are pregnant may also have additional paid time off available to them for doctors’ appointments.

The Adams administration has successfully phased in paid family leave over four years, with time off and wage benefits now at their target levels. Eligible workers can take up to 12 weeks of paid time off to care for family, with the maximum weekly benefit for 2024 being $1,151.16.

Employees qualify for paid family leave after working 20 or more hours a week for 26 weeks (6 months). Employers cannot fire or demote employees for taking paid family leave. Maternity leave to care for a new child under the New York Paid Family Leave law is 12 weeks, but new mothers in New York are usually also entitled to six weeks of time off at full salary for maternity, paternity, adoption, and foster care leave. Starting January 1, 2025, New York employers will be required to provide employees with 20 hours of paid “prenatal personal leave” during any 52-week calendar.

How do employers pay for NY Paid Family Leave?

It is a legal requirement for employers to either purchase a paid family leave insurance policy or self-insure, with the premium to be funded by employees through a payroll deduction.

How long is paid maternity leave in NYC?

New York State Paid Family Leave offers eligible employees up to 12 weeks of job-protected, paid time off to bond with a new child, care for a family member with a serious health condition, or assist loved ones when a family member is deployed abroad on active military service. This leave can be taken all at once or in increments of full days. It may also be available in some situations when an employee or their minor, dependent child is under quarantine or isolation due to COVID-19. Employees taking Paid Family Leave receive 67 of their average weekly wage, up to a cap of 67 of the current New York State Average Weekly Wage (NYSAWW).

Do you have to return to work after NY Paid Family Leave?

In accordance with New York State legislation, employees are entitled to resume their original or an equivalent position following the conclusion of their Paid Family Leave period. This legislation safeguards employees from job loss, ensures the continuation of their health insurance, and protects them from discriminatory or retaliatory actions. This protection guarantees that workers may continue their employment.

What is the law for pregnant employees in NY?

New York State employers with more than four employees are not allowed to fire an employee due to pregnancy, change their terms, conditions, or privileges of employment, and refuse to hire an applicant due to pregnancy. Employers are required to provide reasonable accommodations for pregnancy-related conditions, such as occasional breaks, modified work schedules, leave for medical needs, available light duty assignments, and transfers away from hazardous duty. Employers must also ensure that applicants are not refused to hire due to pregnancy.

Can you use NY Paid Family Leave for yourself?

New York’s paid family leave law and the FMLA allow employees to take leave for various reasons, such as bonding with a new child, caring for a seriously ill or injured family member, or addressing military family needs. However, the FMLA does not cover time off for a worker’s own serious health needs, but workers may be covered by New York’s temporary disability insurance (TDI) law. The FMLA only allows covered workers to take time off to care for a parent, spouse, or a child, while New York’s paid family leave law allows employees to care for a longer list of family members.

If employees are covered by both the FMLA and New York’s paid family leave law and are taking time off for a purpose covered by both laws, they can be required to take time under both laws concurrently.

What happens if I don’t return after maternity leave?

If you decide not to return to your job, your contract will specify the amount of notice you need to give your employer. If there is no contract, give at least a week’s notice. Ensure you receive paid for any holiday you have left, including the time spent on maternity leave. Check if you need to pay back any maternity pay, as contractual maternity pay may only be kept if you return to work. Statutory maternity pay or Maternity Allowance won’t be required if you don’t return to work.

Can an employer deny Paid Family Leave in NY?

Employers are prohibited from discriminating or retaliating against employees who request or take Paid Family Leave. Employees must submit their request within 30 days of the start of their leave to avoid losing benefits. Unemployment insurance is temporary income for eligible workers who lose their jobs due to no fault of their own. Employees on Paid Family Leave or vacation are not entitled to unemployment insurance benefits because they are still employed and not available for work. The employer determines how to treat the time off.

Is there a waiting period for paid family leave in NY?

In accordance with the stipulations of the pertinent legislation, individuals engaged in work activities for a period of less than 20 hours per week shall become eligible to receive the applicable benefits after a period of 175 days. Conversely, those engaged in work activities for a period of 20 or more hours per week shall become eligible to receive the applicable benefits after a period of 26 consecutive weeks.

How long does it take to get NYS Paid Family Leave?

Insurance carriers typically pay benefits or deny claims within 18 days of receiving a completed request or the first day of leave. Payments are made biweekly and can be made via direct deposit, debit card, or paper check. Paid Family Leave benefits are taxable, and employees can request voluntary tax withholding. Questions about the taxability of Paid Family Leave contributions should be directed to the NYS Department of Taxation and Finance.

Who funds NY paid family leave?

The 2025 and 2024 PFL funding updates for employers are based on employee payroll deductions. In 2025, the PFL payroll contribution rate will be 0. 388 of an employee’s weekly wage, with an annual maximum of $354. 53. Employees earning less than the New York State Average Weekly Wage ($1, 757. 19 per week) will have an annual contribution amount less than the cap of $354. 53, consistent with their actual weekly wages.

In 2024, the PFL payroll contribution rate will be 0. 373 of an employee’s weekly wage, with an annual maximum of $333. 25. Employees taking Paid Family Leave in 2025 will receive 67 of their average weekly wage, up to a cap of 67 of the current Statewide Average Weekly Wage of $1, 757. 19. The maximum weekly benefit for 2025 is $1, 177, and employees with a regular work schedule of 20 or more hours per week are eligible after 26 weeks of employment.

How many weeks is NY paid family leave?

Eligible workers are entitled to a maximum of 12 weeks of remunerated leave for the purpose of providing care to family members, with the weekly benefit capped at $1, 151. The number is 16 for the year 2024. Furthermore, workers are permitted to safeguard their employment status during their leave period. They may also form a bond with a child within 12 months, provide care for a family member with a serious health condition, offer assistance to loved ones residing abroad, or care for themselves during periods of quarantine or isolation due to the novel coronavirus (2019-nCoV).