Do you need time off to take care of a loved one? As a working family caregiver, balancing work and personal responsibilities can be extremely challenging. If a loved one needs your care, you might feel torn between your job and family. However, if you live in New York, there's good news: the Paid Family Leave law is there to help you. This law allows you to take paid leave while caring for your loved one without risking your job security.
You can take the time to care for your family without worrying about losing your income or job. So, if you're struggling to balance work and caregiving responsibilities, remember you have options. This law provides paid leave and job security while you care for your loved one.
This law allows eligible employees to take paid time off work to bond with a new child, care for a seriously ill family member, or assist loved ones when a family member is deployed on active military service.
The main goals are to allow workers to be family caregivers without risking their jobs or economic security, promote healthy family bonding after births/adoptions, and ensure loved ones receive needed care during qualifying events.
To be eligible, employees must work for a covered employer and meet their employer's time-in-service requirements.
There are no age or residency requirements specified in the law. Eligibility is based on employment criteria.
The Paid Family Leave law allows employees to take time off work to care for a family member with a serious health condition requiring continuing treatment or supervision by a healthcare provider. Serious health problems include chronic conditions like asthma, diabetes, epilepsy, psychosis, bipolar disorder, PTSD, and others that cause episodic periods of incapacity.
The law also covers permanent or long-term conditions like Alzheimer's, severe stroke, or terminal illness stage where the family member needs ongoing supervision, even if treatment is not fully effective.
Continuing treatment is defined as care for a condition likely leading to over three consecutive days of incapacity without treatment. This includes recovery from major restorative surgeries after accidents or injuries and treatment regimens like chemotherapy or radiation for cancer, physical therapy for severe arthritis, or dialysis for kidney disease.
The law also considers periods requiring over three consecutive days involving multiple treatment visits by a provider or an initial treatment visit followed by ongoing care under supervision. Finally, the law may include a course of prescription medication or treatment for substance use disorders when it constitutes a continuing regimen.
There are no employee income limits or financial requirements to qualify. Paid Family Leave is funded through mandatory employee payroll deductions.
Employees receive pay through their employer's paid family leave insurance, funded by deductions from their paychecks. Payments come directly from the insurance company, not the employer.
Once you submit your request for Paid Family Leave benefits, the insurance carrier has 18 days from receiving it or your first day of leave (whichever is later) to pay benefits or deny the claim. After the initial payment, benefits are paid bi-weekly. The insurance carrier may offer payment options like direct deposit, debit card, or paper check.
It's important to note that Paid Family Leave benefits are considered taxable income, though taxes are not automatically withheld. You can request voluntary tax withholding from the benefits. Consult the NYS Department of Taxation and Finance with any tax-related questions.
To request paid family leave for caregiving purposes, follow these steps:
All forms and documentation are submitted directly to your employer's paid family leave insurance carrier for review and approval.
Being a working caregiver for a seriously ill loved one is incredibly demanding, both physically and emotionally. New York's Paid Family Leave law aims to support employees who need time away from work to provide this critical care. If you are eligible, take advantage of this program's benefits rather than risking your job to be a caregiver.
