“We are Family, I Got All My Sisters with Me” is now a relevant phrase for purposes of NYPFL. On Monday, November 1, Governor Kathy Hochul signed Legislation S.2928-A/A.06098-A which provides Paid Family Leave to individuals caring for siblings. New York already has one of the nation’s most extensive family leave programs, providing employees leave to bond with a new child, to provide care for a relative, or to provide care when a spouse, child, parent, or domestic partner are called into active military duty. The inclusion of siblings under relative coverage goes even further to protecting family’s time off when the need arises.
Effective January 1, 2023, NYPFL coverage will provide employees with job protection, continued health insurance coverage, and protection from retaliation and discrimination for taking NYPFL when caring for a sibling – whether biological, adopted, step, or half. Moreover, coverage is not dictated by the sibling’s location in NY, the sibling’s location is irrelevant for purposes of NYPFL. What matters is that the NY employee is taking leave to care for a sibling wherever the location may be.
NYPFL benefit awards are calculated within any given 52-week period. The maximum payment benefit employees will be eligible to receive depends on whether the employee earns more or less than the New York State Average Weekly Wage (“NYSAWW”), an amount determined annually by the New York State Department of Labor. For 2021, that amount is $971.61 per week. For 2022, that amount is $1,068.36. An employee who earns less than the NYSAWW will receive 67 percentage of their weekly pay, calculated based on the average of their last 8 weeks of gross pay for a total of up to 12 weeks of benefits. Those who earn more than the NYSAWW will be capped at the percentage of the NYSAWW as set forth above. The 2023 rate, applicable when sibling coverage goes into effect, is not yet available.
Governor Hochul’s support of NYPFL’s extension came with much acclaim from politicians and the employment law community. A press release from the Governor’s office referenced A Better Balance Co-Founder and Co-President Dina Bakst statement that "A Better Balance applauds Governor Hochul for leading the way and signing legislation today to include siblings under New York's landmark Paid Family Leave Law, a law we proudly helped to pass in 2016. In the midst of a pandemic, labor shortage, and care crisis, this vital legislation will help to ensure the strongest possible protections for New Yorkers, especially women, who need time off to care for seriously ill loved ones or for their new child.”
In a time where Covid has changed the way people understand health and the meaning of family, it is quite exciting that NYPFL has updated its understanding of family to support employees.
Written by Law Clerk Katina Smith.
