New York’s Paid Family Leave Law: Are You Ready for 2023? | Proskauer – Law and the workplace


As the New Year approaches, employers should keep in mind that several updates to New York’s Paid Family Leave Law (“NYPFLL”) are scheduled to take effect on January 1, 2023.

In effect since 2018, the NYPFLL provides a graduated system of paid, protected leave for eligible employees: (i) to care for a new child after birth, adoption, or home placement; (ii) to care for a family member with a serious medical condition; or (iii) for qualification requirements related to military service.

As of January 1, 2023, the following changes will come into effect:

  • Eligible employees taking leave under the NYPFLL will continue to receive 67% of their average weekly wage, up to a cap of 67% of the current statewide average weekly wage (NYSAWW). For 2023, the NYSAWW is $1,688.19, which means the maximum weekly benefit for 2023 is $1,131.08 (an increase of $62.72 from 2022).
  • Eligible employees will contribute 0.455% of their gross salary per pay period. The maximum annual contribution for 2023 is $399.43, which is $24.28 less than in 2022. Employees earning less than the current NYSAWW of $1,688.19 will contribute less than the annual cap of $399.43 , in accordance with their actual salary.
  • Eligible employees will be permitted to take leave under the NYPFLL for take care of siblings with a serious medical condition (including biological, adopted, step-brother, and step-siblings).

The state has updated its website to provide an overview of these changes, as well as its FAQ to address, among other things, the benefits available to employees who begin a period of leave under the NYPFLL in 2022 that extends through 2023. New York Employers are encouraged to review their current NYPFLL policies and practices to ensure compliance with the updated requirements.

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