What you need to know about the NYS Family Leave Law and your nanny

There are lots of folks who are going to benefit from the new NYS Family Leave Law—and nannies are included in those covered by the new law.

 

Here’s the scoop:

 

MANDATORY: If a domestic worker works at least 40 hours per week for a single employer, that worker has a legal right to disability and paid family leave coverage and employers must get coverage.

OPTIONAL: If a domestic worker works less than 40 hours per week for a single employer, that employer can choose to provide coverage (can opt the worker in, though the worker must consent if the employer wants to withhold money to pay for coverage) but is not required to. It does not matter whether a worker has more than one job, it only matters whether that person works at least 40 hours per week for any particular employer.

You can deduct the amount from your nanny’s paycheck or pay it for your nanny.  The amount ranges from $.45 to $1 per week. It’s part of the NYS Temporary Disability Insurance (your provider may have already sent you information about this.)
Your nanny/employee may receive wage compensation of up to eight weeks for PFL in 2018 with a maximum weekly benefit of 50 percent of their average weekly wage or the average New York State weekly wage of $1,305.92, whichever is less.

 

Paid Family Leave is job protected leave that can be used to care for:

•Your newborn;

•Your newly adopted child or foster child;

•A family member's serious health condition;

•Family issues surrounding the deployment of a spouse or partner to active military duty.

 

More information:

Employees/Nannies here
Employers here
NOTE: If you are not paying on the books you are still legal obligated to cover disability, family leave, unemployment and taxes. I’m not sure yet if, like unemployment, nannies can still request family leave even though they are paid off the books, but will let you know if that’s the case.

 

Related reading on PSP:

Nanny Pay Basics

 

Related reading around the web:

When the nanny needs maternity leave - via The New York Times
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