Issue link: https://viewer.e-digitaledition.com/i/873773
IN JULY, NE W York State Workers' Compensation Board adopted the final regulations to implement the New York State Paid Family Leave Benefits Law (PFL). Although the PFL is not effective until Jan. 1, 2018, the final regulations a re effective immediately. To ensure legal compliance — and to avoid potential liability — covered employers must navi- gate the complexities of the PFL to effect successful integration and harmonious application of the new leave law with existing local, state and federal leave laws. The PFL will provide eligible employ- ees with job protected leave and partia l wage replacement for qualifying events. Employees may ta ke leave to bond with t heir chi ld fol low ing bir t h or place- ment of an adopted or foster care child. Additiona lly, employees may take leave to provide care for their spouse, domestic pa r tner, child, pa rent, pa rent-in-law, grandparent or grandchild who suffers from "a n illness, injur y, impa irment, or physica l or menta l condition that involves: inpatient ca re in a hospita l, ho s pic e , or r e s ident i a l he a lt hc a r e fa ci l it y; or conti nu i n g t reat ment or continuing supervision by a hea lthcare provider." Fina lly, employees may ta ke leave to manage family a ffairs arising from the active duty milita r y ser vice of their spouse, domestic partner, child or pa rent. PFL ca nnot be used for a n employee's own serious health condition or qua lifying exigency. A "covered employer" is defined as a pri- vate employer with one or more employees working in New York state for 30 or more days in a calendar year. Generally, most employers covered under the New York State Workers' Compensation Law will be covered under PFL. Employees who work for a covered employer and are regularly scheduled to work 20 or more hours per week will become eligible after 26 consec- utive weeks of employment. Employees who work for a covered employer and are regularly scheduled to work fewer tha n 20 hours per week will become eligible after working 175 days. While PFL is intended to benefit employees who work in New York state, an employee can be eligible for PFL benefits even if their residence or employer is located outside the state. If a n employee is elig ible for leave under PFL and FMLA, the employer may designate the leave so it runs concurrently under PFL and the Family Medical Leave Act (FMLA). If the employer designates the leave to run concurrently, the employer must provide the employee with notice as required under FMLA. An employee may not concurrently receive benefits under short-term disability and PFL. Combined disability and PFL benefits cannot exceed 26 weeks in a consecu- tive 52-week period. Eligible employees may take PFL concurrently with the New York City Earned Sick Time Act to receive their full salary during leave. PHASE-IN SCHEDULE YEAR L E AV E BEN EFITS W E E K LY B E N E F I T R AT E 2018 8 WEEKS The lesser of 50 percent of the employee's average weekly wage or 50 percent of the state average weekly wage. 2019 10 WEEKS The lesser of 55 percent of the employee's average weekly wage or 55 percent of the state average weekly wage. 2020 10 WEEKS The lesser of 60 percent of the employee's average weekly wage or 60 percent of the state average weekly wage. 2021 12 WEEKS The lesser of 67 percent of the employee's average weekly wage or 67 percent of the state average weekly wage. TAKEAWAYS Prior to Jan. 1, 2018, employers should: + Amend existing policies or provide written guidance to inform employees of their rights and obligations under PFL , including information on f il- ing claims + Coordinate with payroll ser vices to implement PFL payroll deductions + Obtain and display the required poster to ensure employees are aware of PFL + Revise leave policies to ensure proper ad m i n istration of leave under t he va rious prog ra ms G reg Reilly, Head of Employment & Labor, and Melanie Ghaw, Employment A s s o c i a t e , a r e a t t o r n e y s i n t h e Employment & Labor Practice Group at Martin Clearwater & Bell LLP. Visit mcblaw.com for more information. n New York's Paid Family Leave Law: What Employers Should Know and How to Prepare BY GREGORY REILLY AND MELANIE GHAW 1 6❱❱❱❱❱ L E G A L E A S E Gregory Reilly Melanie Ghaw