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New York Paid Family Leave Law Eligibility

The state has updated its website to provide an overview of these changes, as well as its FAQs, to cover, among other things, benefits for workers who start vacation under the NYPFLL in 2022 that runs through 2023. New York City employers are encouraged to review their current NYPFLL policies and practices to ensure they comply with updated requirements. For 2020, you are allowed to take up to 10 weeks of paid family leave over a 12-month period and receive 60% of your average weekly salary, capped at $840.70. However, this cap is equal to 60% of the state`s average weekly wage of $1,401.17. Unfortunately, the payroll deduction from your salary also increases to 0.270% of your salary to a maximum of $196.72 per year. Every year thereafter, until 2021, the percentage of your weekly salary and the number of weeks of vacation increase. Until 2021, you are entitled to 12 weeks of paid family leave and can receive up to 67% of your average weekly salary. For more information, see the following table. You can take your paid family vacation all at once or one day at a time, depending on your needs. If you qualify, you are entitled to take up to 12 weeks of unpaid leave within 12 months. Family and medical obligations can include births, illnesses, or other serious health problems that you or a family member have that prevent you from performing the essential functions of your job.

A serious illness does not include things like colds or flu; outpatient surgery; elective or cosmetic surgery; routine appointments with the dentist or orthodontist; However, this involves time you need to care for your spouse, child or parent with a serious health condition. In 2015, regulations amended the definition of “spouse” in the FMLA so that eligible employees in legal same-sex marriages can also take FMLA leave to care for their spouse or family members. It is illegal for your employer not to purchase paid family vacation insurance or to insure itself. If your employer breaks the law by not purchasing insurance, you are entitled to receive benefits through the so-called special fund. To make a claim, you can submit the relevant documents to the Workers` Compensation Board. You must inform your employer at least 30 days before taking the leave. If this is not possible, such as in a medical emergency, you should inform your employer as soon as possible. Under the Federal Family and Medical Leave Act (FMLA), if you work for an employer with 50 or more employees, you may be able to take unpaid leave to attend to family and medical obligations. To be eligible for FMLA leave, you must have worked for your employer for at least 12 months and at least 1,250 hours in the 12 months immediately preceding your requested leave. Citizenship and/or immigration status is not a factor in employee eligibility. For example, if an employee works for a film project employer (EPPM) as a general employee and a particular film production company as a special employee, the EPPM may collect employee contributions and provide paid family leave benefits to the employee through its insurance policy, but the individual employer will also remain responsible for compliance. unless otherwise agreed or the general employer controls control.

Preserve. If you are unsure whether you are considered an independent contractor or an insured employee, you can apply for paid family vacation benefits directly from the insurance company that determines the claim. How is eligibility determined in general and specific employment situations? There is a relatively long period for workers to become eligible for paid family leave (26 weeks for workers who work 20 hours or more per week). An employee`s entire employment history with the general employer would count towards eligibility if the general employer provides benefits and the general employer retains control of the employee. In addition, an employee`s work history with the particular employer, while on the general employer`s payroll, counts towards eligibility if the individual employer retains control. If you have given birth, you may be eligible for TDI to recover from childbirth and paid family leave to bond with your new child. You cannot receive both benefits at the same time, but if you are entitled to both TDI and paid compassionate leave, you can choose how you want to combine these benefits. If you`re employed in New York State (and don`t work for the government), full-time or part-time, you`re probably protected by law, regardless of how many people work for your employer.

If you are an agricultural worker, you are also entitled to paid family leave.

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