New Proposed Regulations Regarding New York Paid Family Leave Law

On May 24, 2017, the New York Workers’ Compensation Board released new proposed regulations for the New York Paid Family Leave Law. Our readers may recall that last year Governor Andrew Cuomo signed the 2016-2017 state budget, adopting a paid family leave policy that is scheduled to go into effect January 1, 2018. The program will provide covered employees paid leave to bond with a new child, care for a family member with a serious health condition or to help relieve family pressures when someone is called to active military service. To be eligible, an employee must be employed full-time for 26 weeks or part time for 175 days. Employees will be able to take the maximum benefit length in any given 52-week period. The premium will be fully funded by employees through payroll deductions.

The proposed regulations are to help clarify the rights and responsibilities of employers, insurance carriers, and employees. For example, the new proposed subpart 380-2 describes eligibility for paid family leave and identifies the types of qualifying events necessary to take paid family leave. Qualifying events for paid family leave include:

  • leave to care for a child after birth or placement for adoption or foster care within the first 12 months after the birth or placement;
  • for a qualifying exigency arising from the service of a family member in the armed forces; or
  • to care for a family member with a serious health condition.

It was also proposed to amend section 380-2.5 to clarify that employees working 20 or more hours per week become eligible after 26 consecutive weeks of work, and employees who work less than 20 hours a week become eligible on the 175th day of work. The amended section also describes the rate of paid family leave for part-time workers, as well as establishing 26 weeks as the maximum amount of disability and paid family leave benefits that may be taken in a year. To view all the proposed regulations click here.

The public has 30 days to submit comments regarding the proposed additions of sections, as well as amendments to other sections of the Paid Family Leave Law. Comments can be submitted here.

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