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Background:

New York Paid Family Leave (PFL) is a state benefit program that offers paid leave to New York employees while they bond with a new child, care for a family member with a serious health condition, or when an employee’s family member is called to active military service (or has been notified of an impending call).  PFL took effect on January 1, 2018.  An employer with employees working in New York for 30 or more days in a calendar year must obtain PFL coverage.

 

New Legislative Proposals:

In late June, the New York Legislature passed two bills that look to expand New York PFL.  The bills have not yet been signed into law.  The first bill adds bereavement leave for the death of a family member to the list of qualifying reasons to take PFL.  The current PFL statute defines “family member” as the employee’s spouse or domestic partner, child or stepchild, parent or stepparent, parent-in-law, grandparent, or grandchild.  Once signed into law, leave for bereavement would take effect January 1, 2020.  Please click here for the full text of the bill.

 

The second bill is titled The Living Donor Protection Act.  This bill authorizes PFL to provide care to a family member with a serious health condition that would now include “transplantation preparation and recovery from surgery related to organ or tissue donation.”  Should Governor Cuomo sign the bill, the act will take effect 19 days after becoming law.

 

Employer Action Items:

  • These bills have not been signed into law, so there is no employer action at this time.
  • Should these bills become law, covered employers should amend their PFL policies to reflect the additional allowed reasons for New York employees to take PFL.

 

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.

Joanna Castillo– Joanna is the Client Compliance Manager for Sequoia, where she works with our clients to optimize and streamline benefits compliance. In her free time, Joanna enjoys live music, college football, travel, and walking her dog in Golden Gate Park.