Capstone - New York State Paid Family Leave

MEMORANDUM

To: Assembly Member Angelo Santabarbara

From: xxxxxs, Policy Analyst for Assembly Member Angelo Santabarbara

Date:

Subject: How to improve New York State Paid Family Leave

Introduction

A recent study conducted by Steinhardt’s Natalie Brito, shows how paid maternal leave is positively associated with infant brain function at three months of age. The study looked at infant electroencephalography (EEG) from a diverse sample of families and found that paid family leave contributes to the physical and mental well-being of both mothers and infants and found that paid leave may support early child cognitive and socioemotional development. (Brito, 2022)

The United States is the only country that does not have a federal policy mandating paid leave for working caregivers. There are currently eleven states that have some sort of paid family leave for their workers, New York State being one of them.

The purpose of this policy analysis is to examine how New York State Paid Family Leave can be improved to better support mothers and their babies. Despite attempts to better New York State paid leave in recent years, many New Yorkers are still excluded from the current policy. After a thorough review of the current policy, alternative recommendations have been made to create a more beneficial policy for all workers in New York State.

Before paid family went into effect, President Bill Clinton signed the Family and Medical Leave Act into federal law in 1993. This bill allowed workers up to 12 weeks of job-protected, unpaid time off to care for and bond with a newborn.

On April 4, 2016, Governor Andrew Cuomo signed into law paid family leave benefits in New York State. The new policy rolled out in phases beginning 2018 and increased in benefits over the following four years. The policy began with eight weeks of leave with up to fifty percent of wage benefits. The policy reached its target level in 2021 with a maximum of 12 weeks of leave and sixty-seven percent wage benefits. (NYS Benefits).

Workers not eligible for paid family leave under this policy include “licensed ministers, priests, or rabbis; persons engaged in teaching capacity for a not-for-profit; and those who work in service as a golf caddy. Although some categories of workers are not automatically covered by Paid Family Leave, such as those listed here, employers can choose to voluntarily cover them.” The minimum time worked requirements to qualify for paid family leave depend on whether workers are full-time or part-time employees. Full-time employees who work a regular schedule for 20 or more hours a week are eligible after 26 consecutive weeks of employment. Part-time employees who work 20 hours or less a week are eligible after working 175 days (ny.gov/eligibility). Under NYS Paid Family Leave there are many workers who are excluded from current policies. Workers who are just starting their jobs and those who do not work the qualifying hours weekly.

Workers who are not eligible for paid family leave must choose to take unpaid time off or return to work prematurely after having a child. Studies show evidence of the mental and physical health benefits of having paid parental leave. Even with these studies, the United States remains one of six countries that do not offer paid parental leave for all (American Psychology Association, 2022).

Stakeholder Analysis
Stakeholder	NYS Governor Kathy Hochul	Assembly Member Cathy Nolan	Senator Joe Manchin
Title/Function	NYS Governor	Assembly Member	Senator
Source of Influence	High	High	High
Explanation of the Problem	Paid leave is needed for all New Yorkers	Current PFL can be improved	All Working Families need PFL after childbirth
Perception of Crisis	Many New Yorkers are excluded from current policy	Current PFL policies should be studied and should make recommendations on how to increase access and remove unintended barriers	Voted against PFL in Bidens Build Back Better Act because he doesn’t feel its long lasting
Proximity to Problem	High	High	High
Ability to Fix Problem	High	High	High
Ends Desired	Have a universal maternity leave policy to include all workers	Have a more inclusive policy	Long-lasting/ cost effective policy
Definition/Measure of Success	Paid Maternity/paternity Leave for all workers	Amount of people eligible for PFL	More people covered under the policy with low cost
Essential to Solution?	Yes	Yes	Yes

Options Specification
Options
Description of Policy Change	The policy should include all workers regardless of time worked and type of employment	Job protection should be expanded to a year	Paid leave needs to be a livable wage
Source of Option Idea	Bidens Build Back Better proposed plan	Maternity leave in the UK	Maternity leave in the UK
Implementation Responsibility	Implemented by Employers	Implemented by Employers	Implemented by the state
Mechanism of Effect	Increased inclusivity	Reduces women entering workforce prematurely	Reduces stress related to income for workers while on leave
Cost	None	None	Cost will continue to come out of workers’ paychecks like NYS PFL
Legal Requirements
Position of 1st Stakeholder	Supports	Supports	Supports
Position of 2nd Stakeholder	Supports	Supports	Supports
Position of 3rd Stakeholder	Supports	Supports	Supports
…
Degree of Consensus	High	Moderate	HIgh