A Guide for Employers January 18, 2018 2 Agenda 1. Why New York - - PowerPoint PPT Presentation

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January 18, 2018 A Guide for Employers January 18, 2018 2 Agenda 1. Why New York Needs Paid Family Leave 2. Paid Family Leave Overview 3. Employer Responsibilities 4. PFL & Other Leave Policies 5. Resources 6. Your Questions Helpline:

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A Guide for Employers

January 18, 2018

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  • 1. Why New York Needs Paid Family Leave
  • 2. Paid Family Leave Overview
  • 3. Employer Responsibilities
  • 4. PFL & Other Leave Policies
  • 5. Resources
  • 6. Your Questions

Agenda

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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January 18, 2018

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Why Do We Need Paid Family Leave?

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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1 2 3

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

Why Do We Need Paid Family Leave?

Paid leave increases likelihood employees return to work, resulting in higher retention and lower costs for employers Pressures can impact job performance and the workplace Employees struggle to maintain their jobs while caring for family in a specific time of need

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  • Governor Cuomo worked to develop the nation’s strongest and

most comprehensive Paid Family Leave policy

  • April 2016 the bill was signed into law

NY Leads the Nation

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Care for sick family members Bond with a child Assist family when a service member is deployed abroad

Paid Family Leave Basics

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

  • Paid Family Leave is insurance fully funded by employees
  • It provides paid time off and job protection for employees to:

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Uses of Paid Family Leave

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Provides for both parents to bond with a child within the first 12 months of:

Birth Adoption Foster Care

Bonding with a Child

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Provides paid time off to care for:

Caring for a Sick Family Member

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

  • a family member
  • with a serious health condition

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These family members can live

  • utside of New York State and

even outside the U.S.

Qualifying family members include:

Caring for a Sick Family Member

  • spouse
  • domestic partner
  • child
  • stepchild
  • parent
  • parent-in-law
  • stepparent
  • grandparent
  • grandchild

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Caring for a Sick Family Member

A serious health condition is an illness, injury, impairment,

  • r physical or mental condition requiring either:
  • 1. inpatient care; or
  • 2. continuing treatment or supervision by a health care

provider

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Caring for a Sick Family Member

Examples of serious health conditions:

  • an employee’s mother is receiving chemotherapy
  • an employee’s father is recuperating from surgery
  • an employee’s child is undergoing treatment for addiction

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Caring for a Sick Family Member

Examples of health conditions not considered serious under Paid Family Leave:

  • common cold/flu
  • routine dental, orthodontia
  • cosmetic treatment

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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For assistance when a spouse, child, domestic partner or parent is deployed abroad on active military service. Events may include:

  • Short notice military deployment
  • Military events; related activities
  • Service member’s rest, recuperation or

counseling

  • Post-deployment activities
  • Making financial/legal arrangements
  • Child care arrangements for military

member’s child

Assisting During a Military Deployment

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Benefits

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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WEEKS

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WEEKS

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WEEKS

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WEEKS

Time off benefits phased in starting January 1, 2018 at 8 weeks and will reach 12 weeks by 2021

2018 2019 2020 2021

* The Department of Financial Services will review the marketplace every year before benefits are increased

Time Off Benefits

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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* Benefits will be capped at the designated percentage of the New York State Average Weekly Wage

50% 55% 60% 67%

Benefits phased in starting January 1, 2018 at 50% of an employee’s average weekly wage and will reach 67% by 2021 2018 2019 2020 2021

Wage Benefits

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Employees have paid time off and:

  • Job protection
  • Health insurance continued while on leave
  • Employees continue paying their share, if any
  • Protection from discrimination and retaliation for requesting or

taking Paid Family Leave

Employee Rights and Protections

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Employee Contributions

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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  • Employees pay for these benefits through a small weekly payroll

deduction

  • The 2018 payroll contribution is 0.126% of an employee’s weekly

wage

  • Contributions are capped at an annual maximum of $85.56
  • If an employee earns less than the New York State Average Weekly Wage,

their annual contribution will be less than the cap

How Much Do Employees Pay?

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Example: If an employee earns $27,000 this year ($519 a week), they will pay about 65 cents per week for Paid Family Leave

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Weekly Deduction Calculator

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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January 18, 2018

A weekly deduction calculator is available:

ny.gov/PFLcalculator

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Weekly Salary Weekly PFL contribution Maximum PFL Time Off Weekly Pay on PFL Maximum Paid Benefit $500

($26,000 annually)

$0.63/week

($32.76 annually)

8 weeks $250 $2000 $1305.92

($67,907 annually)

$1.65/week

($85.56 annually)

8 weeks $652.96 $5223.68

Examples for 2018 Paid Family Leave Coverage

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Employee Eligibility

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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  • Participation is required for private employers
  • Public employers may opt in
  • Public employees represented by a union may be covered if Paid

Family Leave is collectively bargained

Who is Eligible?

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Who is Eligible?

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

Employees are eligible if they regularly work:

  • 20 or more hours per week
  • For 26 consecutive weeks
  • Less than 20 hours per week
  • For 175 days

Employees are eligible regardless of citizenship and/or immigration status

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Employees who do not work the minimum time may file waivers, which are available at ny.gov/PaidFamilyLeave

  • Employees who file a waiver will be ineligible for benefits and

exempt from making contributions

Can Employees Waive Coverage?

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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January 18, 2018

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  • The waiver will be automatically revoked if the employee’s

schedule changes or they may voluntarily revoke it at any time

  • Employee will begin making Paid Family Leave contributions

along with any retroactive amounts due

Can Waivers Be Revoked?

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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January 18, 2018

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Requesting Paid Family Leave

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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When Can Employees Take Paid Family Leave?

  • As of January 1
  • Maximum benefit available once

every 52 weeks

January 2018 1

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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January 18, 2018

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Insurers must pay or deny the claim within 18 days of receipt

Employee

  • Notifies

employer of the need for PFL 30 days in advance, if foreseeable

Employee

  • Files claim form

with employer

Employer

  • Enters

information

  • nto claim

form

  • Returns to

employee within 3 days

Employee

  • Attaches

supporting documentation

  • Submits to the

insurer

How Employees Request Leave

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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January 18, 2018

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Employees can get Paid Family Leave request forms from:

  • You
  • Your insurance carrier
  • ny.gov/PaidFamilyLeaveApply

Getting Request Forms

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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January 18, 2018

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  • If an employee’s claim is denied, they may request a review
  • Arbitration under a neutral arbitrator will resolve disputes

Handling Disputes

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Protection from Discrimination

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

An employee can file a discrimination claim with the Workers’ Compensation Board if their employer:

  • does not reinstate the employee to the same or similar position,
  • terminates the employee,
  • reduces the employee’s pay and/or benefits, or
  • disciplines the employee

as a result of requesting or taking Paid Family Leave.

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Employer’s Checklist

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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  • Contact your insurance broker for policy information
  • If you self-insure for disability, apply to self-insure or purchase a

separate policy for Paid Family Leave

  • For a list of approved insurers offering Paid Family Leave policies,

visit dfs.ny.gov/PFL

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

(1) Ensure You Have Paid Family Leave Coverage

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  • Written materials should be updated to include Paid Family Leave

information

  • Model language for handbooks or other written guidance is available

to download in the Employer section of ny.gov/PaidFamilyLeave

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

(2) Inform Your Employees About Paid Family Leave

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  • Collect employee contributions that pay for this insurance
  • To assist you, a deduction calculator is available at

ny.gov/PFLcalculator

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

(3) Collect Employee Payroll Contributions

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January 18, 2018

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  • Ineligible employees who do not meet the time-worked

requirement should be aware of the option to waive coverage

  • These employees should have filled out a waiver form,

which is available at ny.gov/PaidFamilyLeave

  • Keep copies of all waivers on file

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

(4) Inform Ineligible Employees About Waivers

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January 18, 2018

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  • Your insurance carrier provided you with a notice to employees

(Form PFL-120) stating that you have Paid Family Leave insurance

  • If you are self-insured, you can get this notice by emailing the

NYS Workers’ Compensation Board at Certificates@wcb.ny.gov

  • Post and maintain this notice in plain view

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

(5) Post an Employee Notice

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January 18, 2018

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Paid Family Leave & Other Leave Policies

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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January 18, 2018

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How are Paid Family Leave and FMLA Similar?

Both Paid Family Leave and the Family and Medical Leave Act provide:

  • Leave for :
  • bonding with a child
  • caring for sick family members
  • assisting family when a service member is deployed abroad
  • Job protection
  • Continued health insurance during leave

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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January 18, 2018

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PFL FMLA Benefits Paid Unpaid Coverage

  • All private employers
  • Public employers may opt in
  • One or more employees in any calendar year
  • Public and private employers
  • 50 or more employees in a 75-mile radius

Eligibility

  • After 26 consecutive weeks of employment if

regularly working 20 or more hours per week

  • After 175 days worked if regularly working less than

20 hours per week

  • 12 months of employment
  • 1,250 hours of work in the 12-month period preceding leave

Reason for Leave

  • Employees cannot use for own serious health

condition

  • Can be used to care for a child of any age
  • Employee can use for own serious health condition
  • Can only be used to care for a child if the child is under 18 years
  • ld, or “incapable of self-care because of a mental or physical

disability”

Length of Leave

  • Only in full-day increments
  • Hourly basis

Paid Time Off

  • Employers cannot require employees use paid time
  • ff while on PFL
  • Employer can compel an employee to use paid time off while on

FMLA

How do Paid Family Leave and FMLA Differ?

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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What about Paid Family Leave and Other Types of Leave?

  • Short-term disability: Employees cannot collect disability and Paid

Family Leave benefits during the same period of time

  • Workers’ Compensation: Employees cannot collect Paid Family

Leave benefits while collecting Workers’ Compensation for a total disability

  • Employees on a reduced earnings schedule may be eligible for benefits

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Employers are free to offer a more generous Paid Family Leave benefit

Employers with insurance policies through a carrier:

  • Discuss options with your carrier
  • Carrier will file notifications of enhanced benefit with Workers’ Compensation Board
  • Board will review to ensure benefits are “at least as favorable” to statutory benefits

Self-insured employers:

  • Obtain the required documents from your plan administrator or the Board
  • File notifications of enhanced benefit with the Board
  • Board will review to ensure benefits are “at least as favorable” to statutory benefits

Employers offering benefits outside of Paid Family Leave: No additional notification required, still need proof of coverage for statutory PFL benefits

What If You Already Offer Paid Family Leave?

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Paid Family Leave is Here

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Visit ny.gov/PaidFamilyLeave to access:

  • Detailed information on Paid Family Leave
  • Paid Family Leave forms
  • Weekly payroll deduction calculator
  • Model language for handbooks and other materials
  • Paid Family Leave frequently asked questions

Additional Employer Resources

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

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Helpline: (844) 337-6303 Website: ny.gov/PaidFamilyLeave Get Email Updates: Select “Get Updates” on the bottom of PFL website

Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

Additional Employer Resources

GET UPDATES

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