New York State’s Paid Family Leave Program (PFL) is an insurance program administered by the state that enables workers in New York to take up to 12 weeks of paid time off in order to care for a seriously ill family member, bond with a new child or to address certain issues related to family members’ military service. The program is entirely funded by employees; employers do not have to pay employees’ salaries while they are on leave. Under PFL, employees who take leave will be guaranteed job protection. Employers must hold the employee’s position until he or she returns to work, or must offer a comparable position with equivalent seniority, status, employment benefits, pay and other terms and conditions.

Under the original law, workers were able to take paid time off in order to care for a seriously ill family member. Originally, the legal definition of “family member” included children, grandchildren, spouses, domestic partners, parents, parents of spouses or partners, siblings or grandparents. Now, the legal definition of “family member” has recently been expanded to include siblings. On November 1, 2021, Governor Kathy Hochul signed a bill (S.2928-A/A.06098-A) that expands New York State's Paid Family Leave legislation to allow caring for siblings (biological or adopted). The bill will go into effect on January 1, 2023.

This bill builds upon the Paid Family Leave legislation that was enacted in 2016, which created one of the most comprehensive paid family leave programs in the nation. In effect since 2018, New York's Paid Family Leave program is employee-paid insurance that provides workers with job-protected, paid time off to bond with a newly born, adopted or fostered child; care for a family member with a serious health condition (which may include severe cases of COVID-19), or assist loved ones when a member of the family is deployed abroad on active military service. Paid Family Leave may also be available in some situations when an employee or their minor, dependent child is under an order of quarantine or isolation due to COVID-19. Eligible workers may take up to 12 weeks off at 67% of their pay (up to a cap) to care for family members in times of need.

The strong bond siblings share is undeniable. For many individuals siblings may be the only family member available to assist and provide health care in their time of need and it has happened so often during the COVID pandemic.