Paid Family Leave allows for employees to take paid time off work to care for family members who are very ill or have a serious health condition. Family members include:
- Spouses, of any gender;
- Domestic partners, of any gender;
- Grandparents; and
Employees are guaranteed up to 8 weeks of Paid Family Leave, which will go up to 12 weeks in 2021. Employers can deduct up to 0.126% more of an Employee's paycheck to cover health insurance during paid family leave. Employees can receive 50% of their average weekly wage while on paid family leave, going up to 67% in 2021. Employers can allow employees to take vacation or sick leave so that the employee can earn a full salary. However, employers cannot require employees to take vacation or sick leave for paid family leave.
Employees qualify for paid family leave after working 20 or more hours a week for 26 weeks (6 months).
Employers cannot fire or demote employees for taking paid family leave under state law. Employers cannot terminate health insurance for employees who take paid family leave. Employers cannot take any other form of retaliation. New York State provides assistance to victims of these illegal practices.
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