New York Paid Family Leave (PFL) is a new benefit program that offers paid leave to New York employees while they bond with a new child, care for a close relative with a serious health condition, or when an employee’s family member is called to active military service. PFL will phase in over a period of 4 years and it takes effect on January 1, 2018. For more information on New York Paid Family Leave, please see our previous New York Paid Family Leave Update.
Links to Forms:
New York State recently released several forms that employers may use to help with PFL benefits administration:
- Employee PFL Opt-Out and Waiver of Benefits (only for employees who will not work long enough to become eligible for the benefit)
- Request to Bond with a Newborn, a Newly Adopted or Fostered Child
- Request to Care for a Family Member with Serious Health Condition
- Request for PFL in Connection with a Military Deployment
- PFL – 135 Employer’s Application for Voluntary Coverage (for employers exempt from providing mandatory PFL – no employee contribution)
- PFL – 136 Employer’s Application for Voluntary Coverage (for employers exempt from providing mandatory PFL – employee contribution required)
The NY PFL website also offers the following helpful checklist for employers to consider when preparing for NY PFL to take effect:
- Ensure you have PFL Coverage.
- Generally, PFL will be added to the disability insurance policy you already carry.
- If you are self-insured for disability, you may purchase a separate PFL policy or apply to self-insure.
- Post a Workforce Notice.
- Your insurance carrier will provide a Notice of Compliance stating you have PFL insurance.
- If you are self-insured, you can get this notice by contacting the Board at Certificates@wcb.ny.gov to obtain the required notice which is not available on this website.
- Post and maintain this notice in a conspicuous place, like what is required for Worker’s Compensation and Disability Insurance coverage.
- Inform Your Employees About PFL.
- Update appropriate written materials that you give your employees, such as employee handbooks, etc.
- Update Your Payroll Processes.
- Update internal processes or work with your external payroll manager to collect the employee payroll withholdings that pay for PFL insurance.
- Inform Non-Eligible Employees About Waivers.
- Identify employees who will not qualify for the minimum amount of time required for eligibility and let them know they can choose to waive coverage.
- Employees will need to complete a waiver.
- Keep a copy of completed waivers on file.
- Familiarize Yourself with PFL Forms and Other Resources. You are not required to use the forms provided by the state.
Important NY PFL Resources/Links:
New York Paid Family Leave Hotline: 844-337-6303
The information and materials on this blog are provided for informational purposes only and are not intended to constitute legal or tax advice. Information provided in this blog may not reflect the most current legal developments and may vary by jurisdiction. The content on this blog is for general informational purposes only and does not apply to any particular facts or circumstances. The use of this blog does not in any way establish an attorney-client relationship, nor should any such relationship be implied, and the contents do not constitute legal or tax advice. If you require legal or tax advice, please consult with a licensed attorney or tax professional in your jurisdiction. The contributing authors expressly disclaim all liability to any persons or entities with respect to any action or inaction based on the contents of this blog.