StormChaser: PFL Tidbits #9

Posted on Posted in Paid Family Leave

Living Donor Protection Act of 2018

New York State 2496-B Living Donor Protection Action of 2018 was signed into law on November 5, 2018 by Governor Cuomo as part of the State’s Paid Family Leave law.

2496-B (click here to download) provides for job-protected, paid time off for leave for employees to care for a covered family member who donates or is preparing to donate an organ.

The Act expands the definition of a “Serious Health Condition” under Paid Family Leave to:

“Serious Health Condition” means an illness, injury, impairment, or physical or mental condition, including transplantation preparation and recovery from surgery related to organ or tissue donation, that involves inpatient care in a hospital, hospice, or residential health care facility, continuing treatment or continuing supervision by a health care provider. Continuing supervision by a health care provider includes a period of incapacity which is permanent or long term due to a condition for which treatment may not be effective where the family member is under the continuing supervision of, but need not be receiving active treatment by, a health care provider.

2496-B Sub-Section 6. States “This act shall take effect on the ninetieth (90) day after it shall have become a law.

There are unanswered questions that the State will have to address prior to the effective date:

  1. Employer handbook updates -will the State release sample language & delivery timelines
  2. Can the Serious Health Conditional claim form be used, is there a prior notice timeframe and what is the required documentation?
  3. Will the State issue a revised mandatory Employer Notice poster?
  4. What notice to employees is required by the employer and when

I will continue to monitor and issue additional PFL Tidbits.