How Does NY Paid Family Leave Work With FMLA and DBL? 3 Scenarios

October 23, 2017
Check out some potential leave scenarios and how various programs could apply.

Between New York Paid Family Leave, Disability Benefits Law and the Family Medical Leave Act, employees have a lot to think about when they need to take time off. And so do employers. It can be tough to keep track of which programs apply when and how much time they offer.

To help clarify the options, we've created scenarios to show how different leave and disability programs can apply to different life events. Explore these scenarios:

  • A pregnancy/new child scenario, including time-off options for a spouse or domestic partner
  • An example where the employee's spouse is a military member and is called to active duty
  • A caregiving situation where an employee needs to take care of a seriously ill grandparent

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

  • If she's worked for her employer for at least a year and they have 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.

An option for Adil could look like this, assuming he has worked for his employer for at least a year and his employer has more than 50 employees.

Diego's Wife Is Deployed

Diego and his wife, Teresa, have three young children. They receive notice that Teresa's Air Force unit will be deployed in a few weeks. Diego needs to take time off to arrange child care and make other plans to keep the household running smoothly in Teresa's absence. Three months into Teresa's deployment, Diego plans to take 15 days off to spend time with her during her rest and recuperation leave. Diego meets the eligibility requirements for PFL and FMLA.

Note that Diego can also use his Paid Family Leave benefit for:

  • Counseling services provided by someone other than a health-care provider
  • Military events and related activities such as ceremonies, family support programs and informational briefings
  • Post-deployment events such as arrival ceremonies and other programs that occur up to 90 days after deployment ends

Cynthia Helps Her Grandmother

Cynthia lives close to her grandmother, Ruth, who was recently diagnosed with lung cancer. Cynthia needs to take time off frequently to provide care for Ruth and take her to doctor and chemotherapy appointments. When it becomes clear that Ruth is ready for end-of-life care, Cynthia chooses to stay with her grandmother to provide hospice care at home. Cynthia meets the eligibility requirements for PFL and FMLA.

Cynthia's leave options look like this:

Cynthia is unable to use FMLA to provide care for her grandmother, but grandparents qualify as family members under New York's new PFL law.


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