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In this regard, this blog is titled “Sick, Family, & Medical Leave under the NY Paid Family Leave Law” and is Part VI of our series, “Key Employment Law Issues for Businesses & Companies in New York.” In Part V, we dwelt on what the New York City Earned Safe and Sick Time Act (ESSTA) says about sick, family, and medical leave and said that employers are required by ESSTA to provide their employees with sick leave. We also mentioned that pursuant to N.Y.C. Admin. Code § 20-913, the size of the employer determines whether employees should be provided with paid sick leave. Importantly, we also added that generally, employers who have at least 5 employees must provide paid sick leave. However, employers with less than 5 employees are not required to provide paid sick leave by the same statute.

To move this discussion forward, we will examine what the New York Paid Family Leave Benefits Law says about sick, family, and medical leave for employees in New York and how employers can remain compliant with the statute.

Sick, Family, and Medical Leave under the New York Paid Family Leave Benefits Law

Under the New York Paid Family Leave Benefits Law, eligible employees in New York are guaranteed job protection and leave. Pursuant to 12 NYCRR 380-7.2, 7.7, while it requires the distribution of information concerning the provisions of this statute to employees, the law requires most employers to seek short-term disability insurance in order to obtain paid family leave insurance coverage.

Under this statute, eligible employees are permitted to take paid leave (1) when a family member is called to active duty in the military, (2) to bond with a child following adoption or birth, and (3) to take care of a family member with a serious health condition. Pursuant to N.Y. Work. Comp. Law § 204, this statute provides employees with a paid family leave of up to ten weeks, during which the employee(s) on leave gets 55% of the weekly pay capped at 55% of the mean weekly pay set by the state. However, it is also crucial to note that the law provided for an annual increase of these figures through 2021.

In Part VII of this series and our blog titled “Sick, Family, & Medical Leave under the New York Paid Sick Leave,” we will shift gears to hammer on what the New York Paid Sick Leave says about sick, family, and medical leave for employees and how employers can remain compliant with the statute.

As usual, stay tuned for more legal guidance, training, and education.

In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer, Author, & Publisher.