Paid Family Leave

New York Paid Family Leave (PFL) FAQs


What is New York Paid Family Leave (PFL)?

The New York State PFL law was passed by the state of New York in April 2016. It provides employees working in New York with job-protected paid leave to bond with a new child, care for a family member’s serious health condition, or deal with qualifying military exigencies. PFL doesn’t provide leave or wage replacement benefits for the employee’s own health condition. Qualifying leaves under New York PFL may or may not qualify under the federal Family and Medical Leave Act (FMLA) of 1993, which requires only unpaid leaves of absence.

Woman working at desk with child

When did New York PFL benefits take effect?

January 1, 2018
 

Who does the New York PFL law apply to?

The law applies to all private employers with employees employed in the state of New York—regardless of where the employer is located or where the employee lives. "Employment" includes work performed in the state of New York and certain work performed outside of New York as long as the:

  • Services are localized to New York;
  • The base of operations is in New York; or
  • Services are directed and controlled from New York.

Further, if an employee performs work in New York and any other state, but the base of operations or place from which such services are directed or controlled is neither New York nor any of the states in which the employee performs services, the employee will be considered a New York employee if he or she resides in New York.

For example, if an employee lives in New York and works in New York, New Jersey, and Connecticut, but the base of operations or the place from where his service is directed or controlled is in California, the employee will be considered a New York employee. However, if the base of operations or the place from where his service is directed or controlled is in Connecticut, then the employee will be considered a Connecticut employee.

Public employers may choose to opt in. Covered employers with unionized employees aren’t required to provide New York PFL coverage if the collective bargaining agreement provides equal or better benefits and doesn’t permit an opt-out except as permitted by statute.
 

Can an employee be covered for New York PFL through more than one employer?

Yes. Employees who work for more than one employer in New York would pay premiums for each employer for which they may become eligible for PFL benefits. Those employees may not take PFL for a single qualifying event from different covered employers at separate intervals, but must take FMLA from all covered employers during the same family leave period.

Below are some useful links associated with New York PFL.


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