Effective January 1, 2018, private employers in the state of New York will have to comply with the new Paid Family Leave law. When the law is fully phased in, employees will be eligible for 12 weeks of paid leave in the case of certain life events.

Please note that Brand’s Paycheck will automatically apply the new Paid Family Leave deduction from New York employer’s payroll, unless advised otherwise.

Paid Family Leave allows your employees to take time off for the following reasons:

• The birth or adoption of a child.
• To care for a close relative with a serious medical condition.
• To raise a family while a spouse is deployed for active military service.

When are employees eligible?

• Employees are eligible for leave after 26 weeks on the job (for those working 20 or more hours per week) or 175 days (for those who work less than 20 hours).

So…What do I do now?

• Double check with your insurance provider to ensure that your disability insurance policy covers paid family leave.
• Make sure that your HR department is aware of this new law. When an employee requests leave, review the law’s requirements to see if the employee is eligible and ensure that you comply with the requirements.
• Besides the above, there’s not much else to do. This law requires a reactive response, not a proactive one. Meaning, unless this particular situation arises, you do not need to take any action.

Additional Requirements:

• Employers will be required to have an insurance policy which includes Paid Family Leave insurance; this is something which most disability insurance policies are expected to include as of January 1st, 2018.
• Employers will not be required to pay the employees; rather, the PFL insurance provider will pay the employee as per the requirements imposed.
• Under this law, employers will be required to maintain health insurance benefits while the employee is on leave.
• After employees’ leave ends, employers are required to reinstate the employee to the same position and pay rate the employee had prior to leave.

Where can I find out more?

For a general overview of the law, read  this blog post , which we wrote in July 2017 when the payroll deduction phase went into effect.

You can also visit the NYS Website for a broad overview:  NYS Paid Family Leave Overview.

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