A paid leave benefit has been negotiated on behalf of DC 37 members covered by the 2017-2021 economic agreement. The benefit will be similar to the State Plan described below and is projected to start on January 6, 2019.
What is New York State Paid Family Leave?
New York’s Paid Family Leave provides job-protected, paid time off so you can bond with a newly born, adopted or fostered child; care for a close relative with a serious health condition; or assist loved ones when a family member is deployed abroad on active military service.
What are the benefits of Paid Family Leave?
While on Paid Family Leave you can receive a percentage of your average weekly salary and continue your health insurance. You are guaranteed the same or a comparable job after your leave ends.
How do I know if I am eligible?
Full-time employees: Employees who have worked 26 consecutive weeks or more are eligible.
Part-time employees: If you work a regular schedule of less than 20 hours per week, you are eligible after working 175 days, which do not need to be consecutive.
What family members are covered?
- Bonding Leave: A parent may take Paid Family Leave during the first 12 months following the birth, adoption, or foster placement of a child.
- Caring for a Close Relative with a Serious Health Condition:
- Spouse
- Domestic partner (including same and different gender couples; legal registration not required)
- Child/stepchild and anyone for whom you have legal custody
- Parent/stepparent
- Parent-in-law
- Grandparent
- Grandchild
- If you are serving in the role of a parent for a child (‘in loco parentis’), even if you are not legally or biologically related to the child, or if someone stood ‘in loco parentis’ to you when you were a child.
- Military Active Duty Deployment:
- Spouse
- Domestic partner
- Child
- Parent
What is the benefit?
Year | Weeks of Leave | Benefit |
2019 | 10 weeks | 55% of employee’s average weekly wage, capped at 55% of the statewide average weekly wage, which is up to $746 /week * |
*The statewide average weekly wage is determined by New York State, and is currently $1,357.11 per week.
How much is the payroll deduction for Paid Family Leave and how much is the benefit?
The 2019 payroll contribution is 0.153% of your weekly salary and is capped at an annual maximum of
$107.97, adjusted each year. Mayoral, H & H, DOE and NYCHA covered DC 37 represented employees will have payroll deductions beginning on their January 25th 2019 check, which covers the January 6-January 25, 2019 payroll period.
Annual Salary | 2019 deduction % | bi weekly wage | biweekly deduction | MaximumAnnual deduction | Weekly Benefit @ 55% | Bi-weekly Benefit |
$16,000 | 0.1530% | $610.69 | $0.94 | $24.48 | $169 | $338.46 |
$20,000 | 0.1530% | $763.36 | $1.18 | $30.60 | $212 | $423.08 |
$25,000 | 0.1530% | $954.20 | $1.47 | $38.25 | $264 | $528.85 |
$30,000 | 0.1530% | $1,145.04 | $1.77 | $45.90 | $317 | $634.62 |
$35,000 | 0.1530% | $1,335.88 | $2.06 | $53.55 | $370 | $740.38 |
$37,000 | 0.1530% | $1,412.21 | $2.18 | $56.61 | $391 | $782.69 |
$40,000 | 0.1530% | $1,526.72 | $2.35 | $61.20 | $423 | $846.15 |
$45,000 | 0.1530% | $1,717.56 | $2.65 | $68.85 | $476 | $951.92 |
$50,000 | 0.1530% | $1,908.40 | $2.94 | $76.50 | $529 | $1,057.69 |
$55,000 | 0.1530% | $2,099.24 | $3.24 | $84.15 | $582 | $1,163.46 |
$60,000 | 0.1530% | $2,290.08 | $3.53 | $91.80 | $635 | $1,269.23 |
$65,000 | 0.1530% | $2,480.92 | $3.83 | $99.45 | $688 | $1,375.00 |
$70,570 | 0.1530% | $2,693.50 | $4.15 | $107.97 | $746 | $1,492.82 |
* These figures are for example purposes only. There are no additional deductions on salaries over $70,570.
Do I have to make the deduction?
Yes, this is an insurance based plan, where all employees are in the plan in case they may at some time in the future need to use the benefit. Only employees who know they will work for less than 175 days, for example a summer seasonal employee, will not have a deduction as long as they fill out a waiver form
Do I have to take Paid Family Leave all at once?
Leave can be taken either all at once or in full-day increments. You may take the maximum time-off benefit in any given 52-week period. The 52-week clock starts on the first day you take Paid Family Leave.
Can I combine annual leave and Paid Family Leave?
No, you cannot use accrued annual leave to make a full check. You can use annual leave first, and then use Paid Family Leave, or you can save your annual leave and use it later. If you want to be guaranteed the right to use annual leave for paid family leave covered events, it will start the ten week clock.
Can I use Paid Family Leave for my own personal illness?
No. This benefit only provides leave for bonding after the birth or adoption of a child, care for a seriously ill family member, or for preparation for a family member’s military deployment.
How do I start using the Paid Family Leave benefit?
You must notify your employer at least 30 days before your leave will start and obtain the required forms. If circumstances are not foreseeable, notify your employer as soon as possible.
What if I had a baby in 2018?
You can still use the Paid Family Leave benefit in 2019, as long as it is within one year of the birth of the child.
Prepared by Research & Negotiations, DC 37, AFSCME, AFL-CIO 12/04/18
final new york state paid family leave fact sheet 12-4-18 .pdf