Paid Family Leave is employee funded insurance that provides job-protected, paid time off to:
- Bond with a newly born, adopted, or fostered child;
- Care for a family member with a serious health condition;
- Assist loved ones when a family member is called to active military service abroad.
- Employees with a regular work schedule of 20 or more hours per week are eligible after 26 consecutive weeks of employment.
- Employees with a regular work schedule of fewer than 20 hours per week are eligible after 175 days worked.
You are eligible regardless of your citizenship or immigration status.
Benefits: In 2018, you can take up to eight weeks of Paid Family Leave and receive 50% of your average weekly wage, capped at 50% of the New York State average weekly wage. Generally, your average weekly wage is the average of your last eight weeks of pay prior to starting Paid Family Leave.
Rights and Protections
- Job Protection: Return to the same or comparable job after you take leave.
- You keep your health insurance while on leave (you may have to continue paying your portion of the premium costs).
- Your employer is prohibited from discriminating or retaliating against you for requesting or taking Paid Family Leave.
- You do not have to exhaust sick leave or vacation accruals before using Paid Family Leave.
Paid Family Leave Request Process
- Notify your employer at least 30 days in advance, if foreseeable, or as soon as possible.
- Complete and submit the Request for Paid Family Leave (Form PFL-1) to your employer.
- Complete and attach the additional forms as required and submit to the insurance carrier listed below.
- The insurance carrier must pay or deny your request within 18 days of receiving your completed request.
You may obtain all forms from your employer, their insurance carrier listed below or online at www.ny.gov/PaidFamilyLeave.
If your Paid Family Leave claim is denied, you may request to have the denial reviewed by a neutral arbitrator. The insurance carrier listed below will provide you with information about requesting arbitration.
If your employer terminates your employment, reduces your pay and/or benefits, or disciplines you in any way as a result of you taking or asking about Paid Family Leave, you may request to be reinstated by taking these steps:
- Complete the Formal Request for Reinstatement Regarding Paid Family Leave form (PFL-DC-119)
- Send your completed form to your employer and a copy of the completed form to: Paid Family Leave, P.O. Box 9030, Endicott, NY 13761-9030.
- If your employer does not reinstate you within 30 days, you may file a discrimination complaint with the Worker’s Compensation Board using form PFL-DC-120, available at http://www.ny.gov/PaidFamilyLeave. The Worker’s Compensation Board will assemble your case and schedule a hearing.
For more information, forms, and instructions, visit www.ny.gov/PaidFamilyLeave or call (844)-337-6303.