Businesses play an important role in implementing Paid Family Leave.
What are an employer’s obligations under Paid Family Leave?
Employers will be required to purchase a Paid Family Leave insurance policy or self-insure. The premium of the policy will be paid for by your employees.
An employer may not discriminate against employees for taking Paid Family Leave. Employees are guaranteed job protection upon return from Paid Family Leave. For purposes of the Paid Family Leave program, job protection is defined as returning your employee to the same or a comparable job. Employees are also guaranteed continuation of health insurance while out on Paid Family Leave.
When does a new employer have to provide Paid Family Leave insurance coverage?
A new employer that has had 1 or more employees on each of at least 30 days in any calendar year is required to provide Paid Family Leave insurance coverage upon the expiration of four weeks after that 30th day of such employment.
Employers may collect employee contributions prior to obtaining the insurance policy or self-insured approval.
When will new employees be eligible for Paid Family Leave?
A new employee becomes eligible for Paid Family Leave benefits 26 weeks from the date they were hired.
If the new employee is part-time, they become eligible after working 175 days.
Where do I obtain a Paid Family Leave policy?
Employers should contact their current New York Disability Benefits carrier to learn more about adding Paid Family Leave coverage. If you renew or start New York State Disability Benefits in 2017, benefits won't start any earlier than January 1, 2018.
How much will Paid Family Leave cost a business?
The Paid Family Leave insurance premium will be funded in full by your employees.
Will employers have to pay an employee’s salary while the worker is on leave?
No. The employee will receive the Paid Family Leave benefit through the insurance policy.
What information do I need to communicate to my insurer when an employee requests Paid Family Leave?
As an employer, you are responsible to complete the employer portion of the claim form and provide detailed information to the insurance carrier regarding the exact dates an employee has used Paid Family Leave.
What are a medical care provider’s obligations under Paid Family Leave?
Care providers will be required to certify that an employee’s request for Paid Family Leave is medically justified.
What does an out of state or out of country medical provider need to provide in order to certify that the care recipient has a serious health condition?
Out-of-state or out-of-country health care providers who are certifying that an employee's request for Paid Family Leave is medically justified, must have a valid license where they practice. The health care provider will need to provide written documentation to the employee about the state or country where they are licensed and provide their license number. The health care provider will also need to provide a description of their medical specialty.
If in the United States, the health care provider will also need to provide the ICD 10 primary and secondary codes detailing the diagnosis of a serious health condition. If the health care provider is not in the United States, a sufficient diagnosis description may be permissible.
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