As we approach the new year, employers should keep in mind that several updates to the New York Paid Family Leave Law (“NYPFLL”) are scheduled to take effect on January 1, 2025.

The NYPFLL provides for partially paid, job protected leave for eligible employees: (i) to care for a new child following birth, adoption, or placement in the home; (ii) to care for a covered family member with a serious health condition; or (iii) for qualifying exigencies related to military duty.

Starting January 1, 2025, the following changes will take effect:

  • Eligible employees taking leave under the NYPFLL will continue to receive 67% of their average weekly wage, up to a cap of 67% of the current Statewide Average Weekly Wage (NYSAWW). For 2025, the NYSAWW is $1,757.19, which means that the maximum weekly benefit for 2025 is $1,177.32 (a $26.16 increase from 2024).
  • Eligible employees will contribute 0.388% of their gross wages per pay period, with the maximum annual contribution for 2025 set at $354.53.  Employees earning less than the current NYSAWW of $1,757.19 will contribute less than the annual cap of $354.53, consistent with their actual wages.

The State has updated its website to provide an overview of these changes, as well as its FAQs to address, among other things, the benefits available to employees who start a period of leave under the NYPFLL in 2024 that extends into 2025.

As a reminder, New York State continues to maintain a COVID-19 sick leave law, which requires employers to provide at least 5 or 14 calendar days (depending on employer size) of (in most cases paid) sick leave for isolation or quarantine related to COVID-19, separate and apart from any other sick time or other paid time off the employer may already provide. The COVID-19 sick leave law will expire on July 31, 2025, though employees may continue to apply for leave under the NYPFLL to care for a family member who has contracted COVID-19 where the condition qualifies as a serious health condition.

Employers in New York are encouraged to review their current NYPFLL and related policies and practices to ensure compliance with the updated requirements.

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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 M. Fant Laura M. Fant

Laura Fant is an associate in the Labor & Employment Law Department.

She frequently counsels on matters involving the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act, including disability accommodation in the workplace and public accommodations. She is experienced…

Laura Fant is an associate in the Labor & Employment Law Department.

She frequently counsels on matters involving the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act, including disability accommodation in the workplace and public accommodations. She is experienced in conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors that include retail, hospitality, sports and not-for-profit. She also handles general employment counseling and has experience in reviewing and updating employee handbooks and company policies under federal and state law.

Photo of Arielle E. Kobetz Arielle E. Kobetz

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations…

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations and discipline, leave and accommodation requests, and general employee relations matters. She also counsels clients on developing, implementing and enforcing personnel policies and procedures and reviewing and revising employee handbooks under federal, state and local law.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues.