Client Alerts  - Labor and Employment Nov 29, 2021

New York State Expands Paid Family Leave to Cover Employee Siblings

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New York State Expands Paid Family Leave to Cover Employee Siblings

New York State Governor Kathy Hochul recently signed into law an amendment to the New York Paid Family Leave Law (NYPFLL) expanding that law, starting on January 1, 2023, to allow employees to take leave under the NYPFLL to care for siblings with a serious health condition. Since taking effect in 2018, employees have been limited to taking leave under the NYPFLL: (i) to care for a new child following birth, adoption or placement in the home; (ii) to care for a spouse, domestic partner, child, parent, grandparent or grandchild with a serious health condition; or (iii) for qualifying exigencies related to military duty.

When the amendment takes effect, eligible employees will be able to take leave under the NYPFLL for an employee’s biological, adopted, step- and half-siblings. Employers also should remember that under the NYPFLL “child” includes a biological, adopted or foster child, stepchild or child of a domestic partner, legal ward or one to whom the employee stands in loco parentis, and that “parent” includes a biological, adoptive or foster parent, parent-in-law, stepparent, legal guardian or other person who stood in loco parentis to the employee as a child.

New York State employers should review and update their NYPFLL policies and practices to ensure compliance with this change when it takes effect.

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For further assistance, please contact any of the attorneys on our Labor & Employment Practice Team or the Phillips Lytle attorney with whom you have a relationship.

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