The New York Paid Family Leave Law will consider siblings (i.e., biological, adopted, half, or step-siblings) as covered family members, effective January 1, 2023. This expansion is due to Governor Hochul signing S.2928-A on November 1, 2021. Siblings do not need to reside in New York to qualify.
It’s important to note that before this amendment, the law defined “family member” as a child, grandchild, parent, grandparent, spouse, or domestic partner.
New York Paid Family Leave
Under the New York Paid Family Leave (NY PFL) Law, eligible employees receive job-protected, paid time off to:
- Bond with a newborn, whether it be biological, adopted, or fostered,
- Care for a family member with a serious health condition,
- And assist family members when a spouse, domestic partner, parent, or child is deployed abroad on active military service.
Under NY PFL, employees may receive up to twelve weeks of paid leave each year at 67 percent of the employee’s average weekly wage. This wage is capped at the same percentage as the New York State Average Weekly Wage.
Differences Between FMLA and NY PFL
The biggest difference between the Family and Medical Leave Act (FMLA) and NY PFL is that FMLA offers unpaid leave whilst NY PFL is paid. FMLA covers leave due to an employee’s own serious health condition, but NY PFL does not. Meanwhile, NY PFL has a more expansive definition of “family member” compared to FMLA. NY PFL includes grandchildren and grandparents in its definition and will soon cover siblings as well.
If you have questions about New York Paid Family Leave or FMLA, please contact your dedicated Creative Benefits, Inc. team member.