Jul 19, 2017

State WC board publishes final regulations for paid family leave

Gov. Andrew M. Cuomo today announced that the state has adopted regulations implementing a statewide paid family leave program.

The New York State Workers’ Compensation Board published the final regulation which outlines the responsibilities of employers and insurance carriers in implementing the program. The final regulation defines eligibility for paid family leave and 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 of the United States; or to care for a family member with a serious health condition. The regulation also provides 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, and 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.

The regulation provides for an optional waiver for an employee whose regular work schedule never achieves the 26 weeks or 175 days in a 52 consecutive-week period required to become eligible for paid family leave. If the leave is foreseeable, the employee is required to give the employer at least 30-days advance notice. If they fail to do so, the self-insured employer or carrier may file a partial denial of the family leave claim for up to 30 days. If notice is not practicable, the employee must notify the employer as soon as it is practicable.

The WCB received several comments from small employers and individuals expressing concerns about the adverse effect of paid family leave on small employers. As addressed in the previous Assessment of Public Comment, "the statute defines a covered employer as one with one or more employees, and this cannot be modified by regulation." Therefore, no changes were made in the final regulation.