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Global Compliance Desk – New York

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New York’s minimum wage threshold has increased in accordance with their respective implementation schedules. Similarly, the New York Paid Family Leave Act’s maximum leave entitlements and pay rate will increase on January 1, 2019.

Minimum Wage Rise 

The applicable minimum wage varies based on the employee’s geographic location. The following table summarizes the new minimum wages, by location, effective December 31, 2018:

  • New York City (11+ employees) – $15.00
  • New York City (10 or fewer employees) – $13.50
  • Nassau, Suffolk, Westchester Counties – $12.00
  • Rest of State – $11.10

In New York City, employer size is based on the number of employees employed at all worksites during the current or prior calendar year.

New York Paid Family Leave

Employees will be eligible for up to 10 weeks of Paid Family Leave; an increase of 2 weeks from the previous year. In addition, the maximum rate of pay for leave has increased from $652.96 to $746.41. Finally, employers can require an increased employee payroll contribution of up to $2.07 per week. Paid Family Leave is employee-funded insurance that provides job-protected, paid time off to:

  • Bond with a newly born child or adopted or fostered child;
  • Care for a family member with a serious health condition; or
  • Assist loved ones when a spouse, domestic partner, child or parent is called to active military service abroad.

Eligibility

  • Employees with a regular work schedule of 20 or more hours per week are eligible after 26 consecutive weeks of employment.
  • Employees with a regular work schedule of fewer than 20 hours per week are eligible after 175 days worked.

Paid Family Leave Request Process:

  • Notify the employer at least 30 days in advance, if foreseeable, or as soon as possible.
  • Complete and submit the Request for Paid Family Leave (Form PFL-1) to the employer.
  • Complete and attach the additional forms as required and submit to the insurance carrier listed below within 30 days of starting
    the leave, to avoid losing benefits.
  • In most cases, the insurance carrier must pay or deny benefits within 18 calendar days of receiving the completed request or the employees first day of leave, whichever is later.

Citizenship or immigration status is not a factor in your eligibility.

Disclaimer: The material provided above is for informational purposes only and is subject to change. We endeavor to keep all material up-to-date and correct but make no representations about the information's completeness, accuracy, or reliability. Laws vary by jurisdiction and are subject to change and interpretation based on individual factors that may differ between organizations. The material is not meant to constitute legal advice and we suggest you seek the advice of legal counsel in connection with any of the information presented.
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Shreya Bhattacharya

ABOUT THE AUTHOR

Shreya Bhattacharya

A labor and employment lawyer at Replicon who specializes in global compliance. Deltek | Replicon provides award-winning products that make it easy to manage your workforce. Deltek | Replicon is an industry leader in global compliance and has a dedicated team which pro-actively monitors international labor regulations for ensuring proper adherence with specific country rule requirements.

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