On March 17, 2015, the New York State Assembly took a major step forward in the protection of workers’ rights with their passage of the Paid Family Leave Insurance Act (A3870) by a margin of 84 to 43. This new bill will provide qualified employees with up to 12 weeks of paid leave, with benefits of up to $545 per week. The funding for the benefits will be taken from an employee payroll deduction that will initially amount to, at most, 45 cents per week.
While many workers have the option of taking unpaid family leave from their current employment, it is rarely realistic for them to do so. When faced with life-changing situations that may necessitate time off work, employees’ decisions are often limited by their economic status. Current Temporary Disability Insurance, for example, provides only 5 to 7 weeks of inadequate benefits, such as $170 per week, which is not nearly enough for most people to live off of. However, this new bill aims to give workers the opportunity to put family and health first, without sacrificing their economic needs. Specifically, the plan passed by the assembly allows for a maximum of 12 weeks family leave for reasons such as bonding with a new child or caring for family members with serious health conditions. Under this new plan, employees will be entitled to 66% of their average weekly wages in benefits, not to exceed the set statewide average weekly wage. Additionally, it specifically makes it unlawful for employers to discharge or discriminate against an employee in regards to their employment because the employee claimed or attempted to claim such compensation provided by the new bill. The Senate offers a different measure, which would be funded from the state’s general fund and would provide 6 weeks of coverage, with benefits of up to 50% of the average weekly wage. While this is notably inferior to the assembly’s bill, the fact that the Senate is considering advancing the Paid Family Leave Insurance Act shows progress and reason to be hopeful.
There is still another major hurdle that must be overcome before the bill is put into effect. The bill must still pass through the Senate. You can show your support by calling your local State Senator or by texting PAIDLEAVE to 877877. The employment lawyers at Fitapelli & Schaffer, LLP are grateful for all of the hard work and effort that went into championing these new changes to the Paid Family Leave Insurance Act. If you have any questions about your current rights as an employee, or how the potential passage of this act will change your rights, please contact us at (212) 300-0375, or at www.fslawfirm.com.