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.
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:
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.
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.
New York Life Group Benefit Solutions products and services are provided by Life Insurance Company of North America, New York Life Group Insurance Company of NY and New York Life Insurance and Annuity Corporation, subsidiaries of New York Life Insurance Company.
Life Insurance Company of North America is not licensed in New York and does not conduct insurance business in New York.