There are many similarities between the Family Medical Leave Act (FMLA) on the federal level and New York's newly-introduced Paid Family Leave program. So it's understandable why many people confuse the two - especially since Paid Family Leave in New York hasn't been implemented yet.
Fortunately, we're here to set the record straight by providing general overviews of each of the two (separate) programs, so you can understand for certain the similarity and the difference between FMLA and Paid Family Leave.
The FMLA provides certain employees with up to 12 weeks of unpaid, job-protected (meaning they can't get fired for taking it) leave per year. It also mandates that any group health benefits they have be maintained through the leave.
FMLA states that employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees.
Employees are eligible for leave if
Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.
Paid Family Leave in New York is similar to FMLA in many ways, but it's not the same program and should be treated differently.
First (and hopefully this is obvious), it's paid. FMLA provides employees with unpaid leave. New York's Paid Family Leave begins on January 1, 2018 by offering qualifying employees 8 weeks of leave paid at 50% of their average weekly wage, not to exceed 50% of the statewide average weekly wage.
The table below shows the implementation timeline and how it corresponds with the increases in leave and benefits...
Effective date | Weeks available | Max % of employee's average weekly wage | Cap % of state average weekly wage |
January 1, 2018 | 8 | 50% | 50% |
January 1, 2019 | 10 | 55% | 55% |
January 1, 2020 | 10 | 60% | 60% |
January 1, 2021 | 12 | 67% | 67% |
In addition, virtually all employers in New York State will be forced to provide Paid Family Leave, unlike FMLA which exempts private employers with less than 50 employees. Any employer that has at least 1 employee for 30 days has 4 weeks to provide Paid Family Leave to its employee(s).
... check out our free PDF Guide - Preparing for New York's Paid Family Leave.