New York has enacted legislation (Senate Bill 2928A) that expands the definition of “family member” under the New York Paid Family Leave (PFL) law to include siblings. The expanded definition takes effect on January 1, 2023.
New York has also amended a regulation (NYCRR 380-2.5(c)) to clarify how to calculate PFL intermittent leave. The amended regulation takes effect on January 1, 2022.
Background:
Under New York’s PFL law, an employee is currently eligible for up to 12 times their average number of days worked per week (up to a maximum of 60 days) in intermittent paid family leave (when taken in daily increments) in a 52-week period.
Employees may use this leave to assist a family member who is on active military service, bond with a new child, or care for a family member with a serious health condition. Family members include an employee’s spouse, domestic partner, children and step-children, parents and step-parents, parents-in-law, grandparents, and grandchildren.
Senate Bill 2928A:
Senate Bill 2928A expands the definition of a covered family member to include a biological or adopted sibling, half-sibling or step-sibling.
NYCRR 3802.5(c):
The regulation is amended to remove the provision of the law that restricts paid leave to a maximum of 60-days for all intermittent leave requests made on or after January 1, 2022.
The amendment will allow an employee to accrue the full amount of leave that they are entitled to (12 times their average number of days worked), and it will generally affect employees that work over five days per week. For example, the amendment will allow an employee who works an average of six days per week to receive up to 72 days of intermittent paid family leave. Previously, the employee’s paid leave would have been capped at 60 days.
Compliance Recommendations:
Employers should update their policies and procedures to ensure compliance with the expansions to New York’s Paid Family Leave law. Please contact your dedicated service professional with any questions.