NYS Paid Family Leave | Policies

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NYS Paid Family Leave

Owner: Human Resources

 

New York State Paid Family Leave Policy

 

New York State’s Paid Family Leave (PFL) law, which became effective January 1, 2018, provides family leave benefits to eligible employees through a small employee payroll deduction.

Eligible employees will be able to take a job-protected paid family leave:

  1. To bond with a child during the first 12 months following the birth, adoption or foster care placement of a child; or
  2. To participate in providing care, including physical or psychological care, for a family member (child, spouse, domestic partner, parent, grandchild, grandparent, or parent of a spouse or domestic partner) with a serious health condition (defined at the end of this policy); or
  3. For qualifying exigencies, as interpreted by the Family and Medical Leave Act (FMLA), arising out of the fact that a spouse, domestic partner, child, or parent is on active duty (or has been notified of an impending call or order to active duty) in the armed forces of the United States.

Eligibility Information

Full-time, part-time and temporary employees may become eligible for PFL as long as they satisfy the following requirements.

  • Regularly work 20 hours or more per week, for at least 26 consecutive weeks; Employees who work a regular schedule of 20 or more hours per week are eligible after 26 consecutive weeks of employment. Time spent on paid vacation, sick or personal days can be counted toward an employee’s eligibility determination or
  • Regularly work less than 20 hours per week, and have worked at least 175 days (the number of hours worked during the 175 days in a 52-week period is not relevant).  Employees who work a regular schedule of less than 20 hours per week are eligible after working 175 days, which do not need to be consecutive.

The PFL Benefit

PFL benefits were phased in starting in January 2018 and will be fully implemented in 2021. For 2019, eligible employees may receive up to 10 weeks of paid family leave within a 52-week calendar period at 55% of their average weekly wage, capped at 55% of the New York State’s Average Weekly Wage (NYSAWW). The amount of paid family leave benefits are phased in as follows:

 

Paid Family Leave Benefits Phase-In

Effective Date

Maximum Leave Duration within 52-Week Period

Paid Family Leave Monetary Benefit

January 1, 2018

8 Weeks

50% of the employee’s average weekly wage or 50% of

the state average weekly wage, whichever is less

January 1, 2019

10 Weeks

55% of the employee’s average weekly wage or 55% of

the state average weekly wage, whichever is less

January 1, 2020

10 Weeks

60% of the employee’s average weekly wage or 60% of the state average weekly wage, whichever is less

January 1, 2021

12 Weeks

67% of the employee’s average weekly wage or 67% of

the state average weekly wage*, whichever is less


Additional PFL Highlights

  • Any eligible employee who exercises his or her right to PFL will, upon the expiration of that leave, be entitled to be restored to the position held by the employee when the leave commenced, or to a comparable position with comparable benefits, pay, and other terms and conditions of employment. The taking of leave covered by PFL will not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.
  • If the employee seeks PFL for a reason that is also covered by FMLA, PFL and FMLA benefits will run concurrently.
  • Eligible employees will continue their College-provided health insurance, when applicable. Employees will pay their regular share of the premiums during the leave.
  • Citizenship and immigration status do not impact eligibility for PFL.
  • Using accrued time with PFL: Employees may not use accrued time with PFL benefits in order to receive full pay during their absence.
  • Spouses taking PFL: Only one employee at a time to receive PFL to bond with the same child or care for the same family member.

Employee Responsibilities & Documentation

If the qualifying event is foreseeable, an eligible employee must provide 30 days’ advance notice to the Office of Human Resources before the date the leave is to begin. When 30 days’ notice is not practical, the employee must provide notice as soon as possible and generally must comply with the school/department’s normal notification procedures. Failure by the employee to provide 30 days’ advance notice of a foreseeable event may result in partial denial of the employee’s benefits for a period of up to 30 days from the date notice is provided. For intermittent family leave, the College requires the employee to provide notice as soon as is practical before each day of intermittent leave. Eligible employees must provide the Office of Human Resources the anticipated timing and duration of the leave, and any additional documentation required by FMLA, if applicable. Employees must specifically identify the type of family leave requested, provide medical certifications and periodic recertification and other supporting documentation or certifications supporting the need for leave. The employee will work directly with the Office of Human Resources to provide information on the leave request and supporting documentation and certifications.

Definition of a Serious Health Condition

A serious health condition is an illness, injury, impairment, or physical or mental condition, including transplantation preparation and recovery from surgery related to organ or tissue donation, that involves: (a) inpatient care in a hospital, hospice or residential health care facility; or (b) continuing treatment or continuing supervision by a health care provider. Subject to certain conditions, the continuing treatment or continuing supervision requirement may be met by a period of incapacity of more than three (3) consecutive full days during which a family member is unable to work, attend school, perform regular daily activities or is otherwise incapacitated due to illness, injury, impairment or physical or mental conditions, and any subsequent treatment or period of incapacity relating to the same condition, that also involves: (a) treatment two or more times by a health care provider; or (b) treatment on at least one occasion by a health care provider, which results in a regimen of continuing treatment under the supervision of the health care provider. The continuing treatment or continuing supervision requirement also may be met by any period during which a family member is unable to work, attend school, perform regular daily activities, or is otherwise incapacitated due to a chronic serious health condition or an illness, injury, impairment, or physical or mental condition for which treatment may not be effective. A chronic serious health condition is one which: (a) requires periodic visits for treatment by a health care provider; (b) continues over an extended period of time (including recurring episodes of a single underlying condition); and (c) may cause episodic rather than a continuing period of incapacity. Examples of such episodic incapacity include but are not limited to asthma, diabetes, and epilepsy. Other conditions may meet the definition of continuing treatment.

For More Information

Please visit New York State’s PFL website here for more information.

If employees have any questions regarding this Policy, they should contact the Office of Human Resources at 212-678-3951, or visit the office at 120 Whittier Hall.

 

Effective Date: January 1, 2018

Owner: Office of Human Resources

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