first 12 months following birth or adoption (even if the child was born or placed for adoption before January 1, 2018) obligations (as defined under the federal FMLA) arising from the service of a family member in the Armed Forces of the United States. spouse, domestic partner, child, parent, parent-in-law, grandparent or grandchild. for a covered employer are eligible to file a claim for leave. Part-timers (defined in the regulations as those who work less than 20 hours per week) are eligible after working 175 days for a covered employer within a 52-week period. Claims will be filed with the insurance carrier and must be supported with medical or other relevant proof. How Much is the Benefit? In 2018, qualifying employees will be eligible for eight weeks of PFL; this will increase by one week per year and by 2021, the benefit will reach its maximum of 12 weeks. The benefit amount will start at 50 percent of the employee's average weekly wage, and will rise each year through 2021 until it equals 67 percent of the employee's average weekly wage. Benefits are capped by the statewide average weekly wage published by the state Department of Labor each year. post-tax employee payroll deductions policy purchased by the employer through their disability carrier. Employers may also choose to self-insure. The initial payroll deduction is .126 percent of an employee's average weekly wage, and is capped at .126 percent of the statewide average weekly wage, which is calculated each year by the New York State Department of Labor. In 2017, the state average weekly wage is $1305.92, so the maximum deduction per week will be $1.64. Employers may, but are not required to, begin withholding contributions after July 1, 2017 for coverage to begin effective January 1, 2018. Required to Do? employers to continue health insurance coverage (the employee is still liable for his portion of the premium) and to restore the employee to the same or a comparable position without loss of benefits that would have accrued while he was on leave. Employers are also required under the proposed regulations to post notices and provide information to employees about PFLL in handbooks or other written policy documents, including information about how to file a claim. Almost all employees are required to participate in the program, including part- timers. Employees who are not expected at the time of hire to work for 26 weeks or 175 days (such as seasonal workers) must be provided the opportunity to file an opt-out form and be exempt from the deductions. The employer will likewise be exempt from providing leave to these workers. The proposed regulations provide that disputes related to eligibility, benefit rates and duration of paid leave will be resolved via arbitration. Discrimination and retaliation is prohibited and will be actionable under Section 120 of the Workers Compensation Law. significant penalties for employers who fail to obtain coverage, including fines based on weekly payroll, direct liability to employees for payment of benefits, and direct liability for the employee's health costs if the employer fails to continue medical coverage as required. need to be alert to the requirements of the PFLL. Employers who choose to insure this benefit will do so through their statutory disability policy. Employers may also choose to self- insure the benefit or offer more favorable benefits to their employees. Any policy changes should be reviewed by counsel knowledgeable about the PFLL. A new informational website (ny.gov/ programs/new-york-state-paid-family- leave) has been launched to provide guidance about the PFLL to employers, employees, medical providers and unions. The regulations are published on the website, along with a hotline for questions. Employers should anticipate questions from employees as the implementation date approaches, and revise and update leave policies to reflect the new requirements. |