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