2023 Update to NYS Paid Family Leave and Workplace Postings

By: Jacqueline C. Gerrald, Partner, McLaughlin & Stern, LLP

Mandatory Electronic Versions of Workplace Postings

In December 2022, New York State Governor Kathy Hochul signed legislation which amended New York Labor Law Section 201 to add the requirement that employers provide electronic copies, either via the employer’s website or via email, of any mandatory workplace postings.¹ Also, employers must notify employees that such documents are available electronically. The effective date of the amended law is December 16, 2022.

The New York State Paid Family Leave Law Adds Siblings as a Covered Family Member

The New York State Family Leave Law provides that eligible employees can take job protected leave to bond with a child (newly born, adopted or fostered), to care for a family member with a serious health condition, to assist a service member, or when an employee or minor child is under an order of quarantine or isolation due to COVID-19.

Effective January 1, 2023, the New York State Paid Family Leave was enhanced in a number of ways to further benefit employees. First, the definition of “family member” was revised to include siblings. Now, leave may be taken to care for the following family members with a serious health condition:

• Spouse
• Domestic partners
• Child and stepchild
• Parent and stepparent
• Parent-in-law
• Grandparent
• Grandchild
• Sibling (biological, adopted, step and half)

Second, the NYS average weekly wage increased to $1,688.19 which increased the maximum weekly benefit (67% of the NYS average weekly wage) to $1,131.08. Third, the rate of the employee contribution for such benefits decreased from 0.511% to 0.455% of the employee’s gross wages, with the maximum amount of deductions at $399.43. The maximum amount of job protected leave remains at 12 weeks.

Employers should notify their employees of the changes and should update their leave forms accordingly.

If you have any questions regarding the recent legislation or other matters involving Employment Law, please contact the Chairs of the McLaughlin & Stern, Employment Law.

[1] Employers should also be aware that one of the required workplace posters was recently amended by the U.S. Department of Labor.  In October 2022, the “EEO is the Law” poster was replaced with the “Know Your Rights: Workplace Discrimination is Illegal” poster.  The link to the electronic version is as follows: Know Your Rights: Workplace Discrimination is Illegal (eeoc.gov)