National Nov 15, 2017

Public entities must opt in/out of N.Y.'s paid-family leave by Dec. 1, 2017

Public entities, which do business in New York state, may choose to provide paid-family leave coverage to their employees by submitting an application to the New York State Workers’ Compensation Board. They also must provide notice to employees at least 90 days before collecting contributions from them. Public-entity employers that currently provide DBL benefits must email the section to opt in (or not) to the WCB on or before Dec. 1, 2017. Below are the application procedures, as outlined on the New York State Paid Family Leave website:

For employers that currently provide disability benefits:

If opting in for paid-family leave:

• Email the Workers’ Compensation Board at PAU@wcb.ny.gov stating that you plan to provide paid-family leave to employees in 2018 on or before Dec. 1, 2017.
• Notify your disability benefits insurance carrier (if you do not self-insure) of your decision.
• Notify your employees. If you have employees who are represented by a union, their participation is subject to negotiation. If you elect to provide paid-family leave to unionized employees, you should engage their union(s) to negotiate the terms of their participation.

If opting out (NOT participating in) paid-family leave:

• Email the Workers’ Compensation Board at PAU@wcb.ny.gov stating that you do not plan to provide paid-family leave to employees in 2018 on or before Dec. 1, 2017.
• Notify your disability benefits insurance carrier (if you do not self-insure) of your decision.
• Notify your employees, or if they are represented by a union, advise any union(s) representing your employees of this decision.
• Even if you choose not to opt in by Dec.1, you may choose to do so at a later date.

For employers that do not currently provide disability benefits:

If opting in to paid-family leave:

• Complete the opt-in application available here. You may do so at any time.
• Completed applications should be submitted to the Plans Acceptance Unit by email at PAU@wcb.ny.gov.
• If you have employees who are represented by a union, their participation is subject to negotiation.

If opting out (NOT participating in) paid-family leave:

• No action is required.
• You can apply to provide voluntary paid-family leave coverage at any time.

Obtain insurance coverage

If, and when, you decide to opt in, paid-family leave insurance coverage may be secured by:

• providing PFL benefits through an existing disability benefits policy;
• obtaining a stand-alone PFL insurance policy; or
• self-insuring for PFL.

Public employers that offer disability benefits through an insurance policy may not self-insure for PFL.

Coverage must be maintained for at least one year and may only be canceled after providing 12 months’ notice to all affected unrepresented employees and to the Workers’ Compensation Board.