Legislative Loophole Leaves Over 100,000 New York Educators Without Paid Family Leave
Since 2018, New York’s Paid Family Leave (PFL) program has provided a vital safety net for millions of workers, allowing them to care for ailing family members or bond with newborns without sacrificing their livelihoods. However, a significant gap in the original legislation continues to exclude more than 100,000 teachers at charitable, religious, and educational institutions from these protections.
A Call for Legislative Correction
State Sen. Christopher J. Ryan and Assembly Member Claire Valdez have introduced S.9560A/A.9071A, a bill aimed at closing this longstanding loophole. Lawmakers have the opportunity to address this disparity during the current legislative session.
For contingent faculty—including adjunct, part-time, and full-time non-tenure-track instructors—the impact of this exclusion is profound. Many of these educators have reported being forced to choose between their teaching obligations and the urgent needs of their families. Without job-protected, paid leave, faculty members have faced the difficult choice of continuing to work while dealing with the illness of a spouse or parent, or missing critical bonding time with their new children to avoid loss of employment or financial hardship.
The Broader Implications for Higher Education
Proponents of the bill argue that the current carveout is inconsistent with broader state goals regarding affordability and family support. Supporters note that the legislation would align with Gov. Kathy Hochul’s initiatives to improve early childcare for working New Yorkers. Research indicates that access to PFL is linked to improved infant development, better health outcomes for mothers and infants, and a narrowing of the gender pay gap by allowing women to maintain their earning trajectory.
Contingent faculty currently constitute the majority of teaching staff at many universities across the state. While some educators have secured PFL through union negotiations or voluntary university policies, the vast majority remain unprotected. Advocates emphasize that ending this exclusion would cost the state nothing, as PFL is typically funded through little payroll deductions from employees.
What May Happen Next
Should the legislature pass S.9560A/A.9071A, the state could see a significant expansion of family benefits for a large segment of the academic workforce. The successful passage of the bill would likely provide thousands of contingent faculty with the same job-protected, paid leave currently available to other New York state workers, potentially alleviating the economic and emotional burdens currently reported by those in the education sector.
Conversely, if the loophole remains, faculty may continue to face the pressures of balancing family caregiving with the ongoing challenges in higher education, such as concerns regarding research funding and academic freedom. The bill serves as a focal point for those arguing that state policy should better reflect the realities of the modern workforce, particularly for women and caregivers who are disproportionately represented among contingent faculty.
