Policy-NYPFL. New York Paid Family Leave (NYPFL)

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1 New York Paid Family Leave (NYPFL) History: Issued: January 1, 2018 Revised: January 1, 2018 Related Policies: Family Medical Leave Act (FLMA), Disability Policy Applies to: All Faculty & Staff Responsible Office: The Office of Human Resources Contact: DN120 ext SCOPE Effective January 1, 2018, eligible employees will be covered for partially paid family leave insurance under New York s Paid Family Leave Benefits Law (NYPFL). Paid Family Leave cannot be used for one s own disability or qualifying military event. Insurance covers an employee s leave to care for an eligible family member (spouse, domestic partner, child, parent, parent in-law, grandparent, or grandchild). ELIGIBILITY All staff who meet the NYPFL minimum eligibility requirements are covered by this policy. This program applies to employees working in New York and will not likely apply to individuals who work for the College in a primary location outside of New York State. Faculty members are an excluded class under NYPFL. However, consistent with associated Disability Benefits Law (DBL) coverage, the College will continue to voluntarily provide NYPFL coverage for faculty in 2018 and until further notice. NYPFL leave runs concurrently with benefits provided by the federal Family and Medical Leave Act (FMLA) (where the leave qualifies under both laws) and other benefits when applicable. Both full-time and part-time employees working in New York are eligible for NYPFL as follows: Employees who work 20 or more hours per week are eligible for coverage after 26 weeks of consecutive employment. Employees who work fewer than 20 hours per week are eligible after 175 days of employment. Note: Time spent on vacation, sick and personal time, will count towards an employee s eligibility determination, provided deductions were taken during that period of paid time off. However, time that an employee spends on New York State Disability Leave or unpaid leave will not be counted towards an employee s eligibility determination. OPTING OUT In most cases, employees are not allowed to waive coverage in the NYPFL program. The only exception is if: (1) an employee s schedule is 20 hours or more per week but the employee is not expected to work 26 consecutive weeks in a 52-consecutive-week period or (2) the employee s schedule is fewer than 20 hours per week and the employee is not expected to work Administrative Manual Page 1 of 5

2 175 days in a 52-consecutive-week period. If an employee meets either of those conditions, the College will provide the employee with the option to waive NYPFL benefits and thereby become exempt from the obligation to incur payroll deductions. However, if the employee subsequently meets these thresholds, the waiver will be automatically revoked. When such a waiver is revoked, the College will notify the employee regarding his/her contribution obligations and will begin taking payroll deductions from the employee, including any retroactive amounts from the employee s date of hire or the amount necessary to prevent the College from having to pay the applicable insurance premium. If you meet this criteria and wish to opt out, you can do so by completing a Paid Family Leave waiver, available on the NYPFL Website or by contacting the Office of Human Resources. CONTRIBUTIONS The NYPFL benefit is funded exclusively through employee payroll deduction. Rates and maximums are determined by New York State. LEAVE REASONS The NYPFL law provides employees with partially paid job-protected leave for the following reasons: 1. To bond with their newborn, newly adopted, or newly placed foster child. In the case of the birth of a newborn child, NYPFL taken to bond with the child must be used within the first year following the child s birth. In the case of adoption or placement, NYPFL may be taken prior to the adoption or placement if the employee s absence is necessary for the placement or adoption to proceed. NYPFL taken for these circumstances must be used within one year of the first day of leave, or within one year of the adoption / placement, whichever is earlier. 2. To care for a covered family member, as defined by NYPFL, with a serious health condition. 3. To address exigencies if a covered family member is called to active military duty ( military exigency ). The College will not permit more than one employee to use NYPFL to care for the same family member at the same time. For example, if both spouses work for the College, the College may deny NYPFL to one spouse if both employees have requested to take NYPFL during the same period of time to bond with the same child. However, both spouses could take NYPFL at different times to bond with the same child. AMOUNT AND LENGTH OF NYPFL BENEFIT The NYPFL benefit for 2018 is 50% of your average weekly wage, not to exceed 50% of the New York State average weekly wage, for a maximum of eight weeks. For 2018, the average weekly wage is $1, and, therefore, the maximum benefit would be $ per week. Payment is issued through an insurance carrier, not through payroll. Administrative Manual Page 2 of 5

3 The NYPFL law provides that the leave benefit will increase in , as follows: 1/1/ % of average weekly wage for a maximum of 8 weeks 1/1/ % of average weekly wage for a maximum of 10 weeks 1/1/ % of average weekly wage for a maximum of 10 weeks 1/1/ % of average weekly wage for a maximum of 12 weeks HEALTH INSURANCE BENEFITS Under the NYPFL law, employees are entitled to continue their group health insurance benefits during their covered leave. Employees will be responsible for continuing to pay their share of insurance premiums during this period. If payment is more than 30 days late, the employee s health insurance coverage may be dropped for the duration of NYPFL. The College will provide 15 days notice prior to terminating coverage. RELATIONSHIP TO FMLA, NY DISABILITY BENEFITS, AND ACCRUED TIME If you are eligible for leave under the federal Family and Medical Leave Act (FMLA), your NYPFL leave may run concurrently with your FMLA leave. You also may be eligible for New York Statutory Disability Benefits (NYDBL), which provide a benefit if you miss work for your own disabling medical condition. (It s important to know that you may not take NYPFL and NYDBL leave at the same time). NYDBL provides for up to 26 weeks of disability benefits per year. While an employee is also eligible for NYPFL, the law requires that the maximum amount of NYDBL and NYPFL taken in a 52-consecutive-week period cannot exceed 26 weeks. Therefore, if you take eight weeks of NYPFL, you will only have 18 weeks of NYDBL available for that 52-week period. To the extent permitted by accrued time policy provisions (i.e. vacation), Employees may supplement PFL with accrued time in order to receive full pay during their leave. If a period of family leave is determined to be covered by the FMLA and NYPFL, and if the employee, despite being notified that the reason for leave is PFL-qualifying, declines to apply for payment under the NYPFL Program (for example, if the employee decides to use vacation or other eligible paid time off instead of applying for PFL benefits), the College will still deduct that leave from the employee s annual available NYPFL benefit. While on inactive leave status, employees will not continue to accrue vacation or other accrued time. However, employees on eligible military leave may be entitled to reinstatement upon returning from military leave with all benefits that would have been obtained but for being absent on military leave. This right is provided for by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), and is known as the escalator principle. PROCESS FOR TAKING NYPFL To request family leave, the employee will be required to submit a request for NYPFL to the Office of Human Resources. Required forms are available through the NYPFL Website or by contacting the Office of Human Resources. Special claim form filing procedures may apply to Administrative Manual Page 3 of 5

4 1199SEIU Local 200 employees. Employees will also be required to submit a State issued certification form to support the need for the leave. For bonding leave, employees will need to provide verification of the date of the child s birth, adoption, or placement. For leave to care for a family member with a serious health condition, employees will be required to submit a medical certification from the family member s health care provider. For military exigency leave, an employee will need to submit a copy of the family member s military documentation and possibly other documentation relating to the specific reason for the leave. While employees have 30 days from the date NYPFL is taken to file the claim, employees should consider filing the claim as quickly as possible to ensure prompt payment of NYPFL benefits if the claim is ultimately approved. INTERMITTENT NYPFL LEAVE The NYPFL law permits employees to take intermittent NYPFL in increments of no less than one work day. If you work any part of a day, you are not eligible for NYPFL benefits for that day. Eligible employees are encouraged to make reasonable efforts to schedule intermittent leave so as not to unduly disrupt the College s operations. If an employee takes intermittent FMLA in partial day increments for a reason that also qualifies for NYPFL, and the employee is paid and works at least part of a day, the College will track the hours taken against the employee s FMLA allotment. When the partial day increments taken total the number of hours in the employee s regular work day, the College will deduct one day of PFL from the employee s available PFL allotment. NOTICE REQUIREMENTS Under the NYPFL law, for leaves which can be anticipated, employees must give employers at least 30 days advance notice. Employees may pre-file for NYPFL before a qualifying event has occurred. If the need for the leave cannot be anticipated, employees must give notice as soon as practicable. If a claim for NYPFL has been denied, the employee's absence may be unexcused and subject to the attendance policy enforcement. The employee may also be required to utilize accrued paid time off. Foreseeable leave. Employees must provide the College no fewer than 30 days notice if they foresee the need for the leave. If notice for foreseeable leave is not provided 30 days in advance and the employee does not provide a reasonable excuse for the delay, the leave may be denied for up to 30 days after the notice is provided. Unforeseeable leave. If the need for the leave is not foreseeable, the employee must provide advance notice as soon as practicable and, absent unusual circumstances, must comply with Administrative Manual Page 4 of 5

5 normal departmental call-in procedures. Intermittent leave. Employees are required to provide notice of foreseeable intermittent leave in their request for NYPFL benefits as provided above. If the need for intermittent leave is not foreseeable, employees are required to provide advance notice to the employer as soon as practicable once the need for leave becomes foreseeable. Absent unusual circumstances, employees must follow normal departmental call-in procedures. RESTORATION OF EMPLOYMENT An employee who returns to work at the conclusion of an approved period of NYPFL will be restored to the same position or to a comparable position (with comparable pay, benefits and other terms and conditions of employment). If the employee has exhausted all weeks of available NYPFL and is still unable to return to work, the employee is no longer provided with any job restoration rights under NYPFL, unless other job protections apply (e.g., FMLA). APPEAL RIGHTS If an employee s request for NYPFL has been denied, the employee has the right to appeal the determination through an arbitration proceeding. Information regarding the appeal process is available from the Office of Human Resources. PROTECTION FROM DISCRIMINATION AND RETALIATION The College will not discriminate and/or retaliate against any employee for inquiring about, applying for, or using NYPFL benefits. Employees who believe they have experienced discrimination and/or retaliation should immediately notify their supervisor, the Office of Human Resources or any other member of management. FRAUD An employee who fraudulently obtains NYPFL, or who uses NYPFL in an improper manner, is subject to disciplinary action, up to and including termination. MORE INFORMATION Questions about this insurance coverage should be directed to the Office of Human Resources. In order to ensure that the College has the flexibility to address changes that might be needed with respect to any applicable College benefit plan (whether as a result of legal changes, changes made by providers, or other changing circumstances), the College reserves the right to modify or terminate plans from time to time. If there is any inconsistency between the description of benefits above and the terms of the applicable plan, the terms of the plan will control and the College will have the discretionary authority to construe any ambiguous or uncertain provision. Administrative Manual Page 5 of 5

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