The New York Paid Family Leave Benefits Law takes effect January 1, 2018. Eligible employees will be able to take leave under qualifying circumstances. The law imposes notice requirements on both employers and employees. Failure to comply with these requirements can have serious consequences.
(Watch my recent Paid Family Leave webinar and sign up for the next one!)
General Employer Notice Requirements
Covered employers must post a notice that the employer has secured insurance coverage for Paid Family Leave Benefits. This is similar to the posting required for workers’ compensation insurance. The insurance carrier should supply this notice. It will need to be in place by January 1, 2018.
If the employer maintains written employee guidance regarding benefits or leave rights, such as in an employee handbook, then the employer must include information about paid family leave. This must include information about employee obligations.
An employer that does not have written guidance regarding employee benefits must provide written guidance to each employee about all of the employee’s rights and obligations under the New York Paid Family Leave Benefits Law. This must include information on how to file a claim for paid family leave.
Employee Notice Requirements
If the need for paid family leave is foreseeable, the employee must provide at least 30 days’ notice before the leave will begin. Foreseeable events include an expected birth, placement for adoption or foster care, planned medical treatment, or a known military exigency.
If the leave is not foreseeable, then the employee only has to provide as much notice as is practicable under the circumstances.
According to the applicable regulations, “as soon as practicable” means “as soon as both possible and practical, taking into account all of the facts and circumstances in the individual case.”
When an employee qualifies to take intermittent leave, the employer may require the employee to provide notice as soon as practicable before each day of intermittent leave.
In any case, employees do not have to give written notice to their employers. They also don’t have to specifically ask for paid family leave. Rather, the employee only has to give enough information “to make the employer aware of the qualifying event and the anticipated timing and duration of the leave.” The employer must ask for more information if necessary to determine whether the employee is seeking paid family leave.
Request for Paid Family Leave and Certification
Once the employer is aware of the employee’s potential leave, the employer will supply the employee with a Request for Paid Family Leave form. As with a disability benefits claim form, the employer will complete a portion of the Request for Paid Family Leave. The employee will complete the rest, including providing the appropriate certification based on the nature of the leave.
The insurance carrier or third-party administrator will then process the Request for Paid Family Leave. Unless self-insured, the employer will not determine whether the claim qualifies for benefits or not. This differs from the federal Family & Medical Leave Act, where the employer grants or denies the leave request.
Unfortunately, this creates a disconnect between the payment of leave benefits and the allowance of leave itself. The employer may have to, especially in the case of unforeseeable leave, allow the employee to take the time off before knowing whether the employee will ultimately receive benefits.
Disputes over eligibility for leave may result in arbitration between the employee and the insurance carrier or self-insured employers. Insured employers will not be parties to the arbitration, but may be directly affected by the outcome.
Learn More About the Paid Family Leave Benefits Law
Employers will need to know about more than just the notice requirements for paid family leave. You can also review my earlier posts on:
Stay tuned for more posts about the New York Paid Family Leave Benefits Program.
Remember, I will also be conducting webinars to assist employers with New York Paid Family Leave.
Find out about the free webinars here!
