Paid Family Leave Tidbits

Posted on Posted in Alerts, Paid Family Leave

Some Paid Family Leave Tidbits!

I have received similar questions on some aspects of Paid Family Leave, to keep our clients as up to date as possible, the questions and answers (provided directly by the WCB) are below.

How does the waiver apply?

Section 380-2.6 of the regulations address the waiver eligibility

  1. An employee of a covered employer shall be provided the option to file a waiver of family leave benefits:
    1. When his or her regular employment schedule is 20 hours or more per week, but the employee will not work 26 consecutive weeks; or
    2. When his or her regular employment schedule is less than 20 hours per week and the employee will not work 175 days in a 52-consecutive week period.
  2. Within eight weeks of any change in the regular work schedule of an employee that requires the employee to continue working for 26 consecutive weeks or 175 days in a 52-consecutive week period, any waiver filed under this section shall be deemed revoked. An employee of a covered employer whose waiver has been revoked shall be obligated to begin making contributions to the cost of family leave benefits, including any retroactive amounts due from date of hire, pursuant to section 209 of the Workers’ Compensation Law, as soon as the employee is notified by the covered employer of such obligation.
  3. The covered employer shall keep a copy of the fully executed waiver on file to be produced at the request of the Chair, for as long as the employee remains in employment with the covered employer.
  4. An employee as described in subsection (a) of this section who elects not to enter into a waiver shall make regular family leave benefit contributions for the full duration of his or her employment with the covered employer, and the covered employer shall be obligated to provide family leave benefits for such employee when he or she is eligible pursuant to this Title.

If a baby is born in 2017, how does bonding work in 2018?

The employee has 52 weeks from date of birth to apply and take bonding under PFL. An example: A baby is born on January 20, 2017, the mother request PFL on January 1, 2018, she would only have 20 days of PFL. Once the first birthday comes, no PFL is available after that date.

If an employee lives in PA but works in both PA and NY, are they eligible for PFL?

If the employee works at least 30 days in the calendar year in NYS, they are eligible, and the employer must provide PFL coverage.

If an employee only works 1 hour a day, are they eligible for PFL? 

If an employee works a day (regardless of the # of hours that day) that counts as a day worked and would be eligible upon completing 175 days worked.

How are Headstart teachers treated for PFL? (please note that the below was confirmed in discussions with the Senior Attorney of the WCB)

If an employer, Community Action Agency for example, voluntarily covers headstart teachers under DBL, they are required to provide PFL as well.

How are summer months for Headstart teachers treated regarding the 26 consecutive week eligibility parameters?

Under Section 203, the lay off for the summer does not count toward their eligibility, but they are not penalized by it (doesn’t disrupt their 26-week consecutive).

Example A: headstart teacher who has worked over 26 consecutive weeks is laid off from June to September, the headstart teacher is not eligible for PFL benefits during the layoff but is immediately eligible upon return in September.

Example B: headstart teacher is hired January 15, 2018 and laid off June 4, 2018 and has worked 20 consecutive weeks prior to layoff. This employee would not continue to accumulate weeks during the layoff period but upon return would start to accumulate weeks worked and those weeks would be added to the 20 weeks already accumulated until 26 weeks has been met.

Section 203 “In addition every such employee who has previously completed four or more consecutive weeks in employment with the covered employer for purposes of disability benefits, or twenty-six or more consecutive weeks in employment with the covered employer for purposes of paid family leave, and returns to work with the same employer after an agreed and specified unpaid leave of absence or vacation without pay shall become eligible for benefits immediately with respect to such employment. An employee who during a period in which he or she is eligible to receive benefits under subdivision two of section two hundred seven of this article returns to employment with a covered employer and an employee who is currently receiving unemployment insurance benefits or benefits under section two hundred seven of this article and who returns to employment with a covered employer shall become eligible for disability benefits immediately with respect to such employment.”

Are there any new forms that I need to know about?

Yes, the Statement of Rights For Paid Family Leave, form # PFL-271S is now available.  Many insurance carriers are providing claim form packets that are pre-filled with the carrier information and also include the Statement of Rights.  If you have not received your pre-filled claim forms from your DBL/PFL carrier, click on the picture below  to download, make sure to complete the DBL carrier information and include this Statement of Rights when providing claim form packets to your employees.

Discrimination Complaint forms will be available soon.

Formal Request for Reinstatement Regarding Paid Family Leave, form # PFL-CD-119 and PFL-CD-120

Do you have anything that may help me write policy and procedures? 

Yes! The State has finally released “Employer Resources – Model Language for Employee Materials”.  Employers need to revised their polcies and procedures as well as their employee manual.  You can download the State model language by clicking on the picture below

We will continue to monitor as this new law gets implemented and will keep you appraised of important information.

If you should have any questions, please do not hesitate to reach out to your Senior Benefit Consultant or myself directly at 1-800-836-0026 x230 or 585-415-0448 or email at lallen@relphbenefitadvisors.com.

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