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New York Paid Family Leave: Misperceptions vs. Facts

Do your employees in New York have mixed-up ideas about their new Paid Family Leave benefit? Chances are, they may have heard some misinformation about who is eligible and when. That could leave you fielding a lot of questions or invalid leave requests. Let's help clear up three common misperceptions.

Misperception 1: I probably don't qualify.

A lot of people think they won't qualify for Paid Family Leave because they only work part-time. Or maybe an employee works in New York, but company headquarters are in another state.

The Facts: Actually, they probably do qualify! Employees are eligible for coverage if they physically work in New York state and:

  • Work at least 20 hours per week at the same private-sector company for at least 26 consecutive weeks
  • Work less than 20 hours per week and have completed at least 175 work days for the same employer
  • Are a personal or domestic employee who works at least 40 hours a week for 30 or more days in a calendar year

The general rule of thumb is: Employees already covered under New York disability benefits law (DBL) likely qualify to be covered under Paid Family Leave as well.

Misperception 2: It isn't worth it.

Some employees may think they'll never need to use their PFL benefits. They may be single or not planning to have kids. Other employees may not expect to have caregiving duties or family members in the military.

The Facts: PFL will be there if they need it. And the definition of “family” is pretty broad.

Remind employees that their PFL benefits will be there if they need them. Much like having car and home insurance — you're covered if something unexpected happens. You may not need to take time off for family now — but needs and families change.

Another advantage, the PFL definition of “family member” is broader than FMLA and DBL definitions. Employees may take paid leave to care for a family member with a serious health condition, including their:

  • Spouse
  • Domestic partner
  • Child
  • Stepchild
  • Parent
  • Stepparent
  • Parent-in-law
  • Grandparent
  • Grandchild

Misperception 3: PFL takes the place of other leaves.

Employees may think that Paid Family Leave is taking the place of the unpaid leave available through the Family Medical Leave Act. Or think they have to choose one over the other. Help them understand that PFL actually gives them more options to take leave when a family member needs care. Share some sample scenarios to help them understand which programs apply when and how much time they offer.

Here's one scenario.

Renee and Adil Are Having Twins

Renee and Adil work full time in New York for different private employers, and they're expecting twins in a month. Both of them have worked 26 or more consecutive weeks with their respective employers. Renee's doctor has provided certification of her disability. When the twins are born, both parents want to take time off to bond with them and adjust to their busy new life.

What leave and disability options are available to them? The chart below shows one way Renee could allocate her available leave:

Renee has flexibility in the way she uses her time. For example:

  • If she's worked for her employer for at least a year and the company has more than 50 employees, she's eligible for FMLA during any part of her pregnancy and postpartum.
  • Renee can use her eight weeks of PFL bonding time any time during the year after birth. For example, if she uses DBL for the first six weeks postpartum, she may choose to begin her eight weeks of PFL bonding time after that. She can even choose to use her PFL intermittently, instead of as a solid block of time.

Adil can also take time off for bonding and has flexible options for balancing paid and unpaid leave.

Check out two more leave scenarios and learn more about how PFL, FMLA and DBL may work together.

 

To find out more about PFL and other regulations that affect employees, follow The Standard on Facebook, LinkedIn and Twitter with the hashtag #PaidFamilyLeave, and subscribe   to this blog's RSS feed to receive updated content as new information becomes available.

For more details about New York Paid Family Leave, visit: ny.gov/programs/new-york-state-paid-family-leave.

 


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