New York State has issued updates to the NY Paid Family Leave Law (“NYPFL”) for 2024.  The updates increase the maximum weekly benefit available to employees, as well as reduce the overall contribution employees make toward NYPFL benefits.

As a reminder, the NYPFL provides eligible employees with up to 12 weeks of partially paid leave in a 52-week period for covered reasons including caring for a covered family member with a serious health condition; bonding with a new child following birth, adoption or placement; or reasons related to an employee’s family member being deployed abroad on active military service.  NYPFL benefits may also be available where an employee or their minor, dependent child is under an order of quarantine or isolation due to COVID-19.

Benefit Rate Increase

Employees taking leave under the NYPFL receive 67% of their average weekly wage, up to a cap of 67% of the current New York State Average Weekly Wage (“NYSAWW”).  For 2024, the NYSAWW will be $1,718.15, which means the maximum weekly benefit will be $1,151.16. This is $20.08 more than the maximum weekly benefit for 2023.

Employees will be eligible for the new benefit rate for leaves that begin in 2024.  For leaves beginning in 2023 but extending into 2024 (including intermittent leave where fewer than three months pass between days of family leave taken), the 2023 benefit rate will still apply.

Employee Contribution Rate Decrease

For 2024, employees will contribute 0.373% of their gross wages per pay period toward NYPFL benefits, up to a maximum annual contribution of $333.25.  This is $66.18 less than in 2023.  Employees earning less than the NYSAWW will contribute less than the annual cap, consistent with their actual wages.

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Photo of Evandro Gigante Evandro Gigante

Evandro is the go-to employment litigator and counselor when clients face their most challenging, bet the reputation claims, or want to develop policies and practices that mitigate legal risk. As an award-winning partner in the Labor & Employment Law Department, member of the…

Evandro is the go-to employment litigator and counselor when clients face their most challenging, bet the reputation claims, or want to develop policies and practices that mitigate legal risk. As an award-winning partner in the Labor & Employment Law Department, member of the Employment Litigation group, and co-head of the Counseling, Training & Pay Equity group, he represents clients on a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. In addition, Evandro handles restrictive covenant matters, including non-compete, non-solicitation and trade secret disputes. Evandro also counsels employers through the most sensitive employment issues, including matters involving employer diversity, equity and inclusion initiatives.

With a focus on discrimination and harassment claims, Evandro has extensive experience defending clients before federal and state courts. He tries cases before juries and arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions. Evandro often draws on his extensive litigation experience to help clients avoid the courtroom by effectuating positive change in the workplace through impactful anti-discrimination and harassment training, as well as robust employment policies.

Working in a wide range of industries, Evandro has experience representing clients in professional services, including law firms, financial services, including private equity and hedge funds, higher education, sports, media, retail, and others. Evandro also advises charter schools and other not-for-profit organizations on labor and employment matters on a pro bono basis.

Photo of Laura Fant Laura Fant

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns…

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns, with a focus on legal compliance, risk management and mitigation strategies, and workplace culture considerations.

Laura regularly counsels clients across numerous industries on a wide variety of employment matters involving recruitment and hiring, employee leave and reasonable accommodation issues, performance management, and termination of employment . She also advises on preparing, implementing and enforcing employment and separation agreements, employee handbooks and company policies, as well as provides training on topics including discrimination and harassment in the workplace. Laura is a frequent contributor to Proskauer’s Law and the Workplace blog and The Proskauer Brief podcast.