Francis P. Alvarez, Esq. Jackson Lewis P.C. White Plains

Transcription

1 Francis P. Alvarez, Esq. Jackson Lewis P.C. White Plains Jackson Lewis P.C.

2 Why Focs On Paid Family Leave? Like Paid Sick Leave, the wave is starting to bild Like Paid Sick Leave, there are a patchwork or protections Unlike Paid Sick Leave, the entitlement is mch longer Unlike Paid Sick Leave, reqires extensive FMLA coordination and, in the case of NY, collaboration with insrers Largely gronded in gender eqality and pay eqity Like most leave laws, often politically poplar Many are fnded throgh payroll dedctions, creating low levels of political resistance and a no big deal attitde 2

3 The Paid Family Leave Landscape Stats of Paid Family Leave Already In Effect CA, NJ, RI, SF States Enacted Not Yet EffecHve NY, WA, DC Crrently Pending (or carried over to 2018) Fed??, DE, DC, GA, IL, IN, ME, MA, MN, NE, NH, OK, PA, VT 3

4 New York Paid Family Leave Law Signed into law on April 4, 2016 Takes effect on Janary 1, 2018 Fnded by employee payroll dedctions Combines elements of NY Temporary Disability Law and FMLA Family Leave bt differences make this a compliance challenge Final reglations have been issed Still waiting for final forms and posting 2017 Jackson Lewis P.C.

5 Fnding NY PFL Costs spposed to be fnded by payroll dedctions. The maximm employee contribtion for coverage beginning on 1/1/2018 is 0.126% of an employee s weekly wage, p to and not to exceed the statewide average weekly wage. This eqates to a maximm employee contribtion of approximately, $1.65/week for This amont is sbject to change September 1 st of each year. ERs permitted, bt not reqired, to collect the weekly employee contribtion on Jly 1, 2017 for paid family leave coverage beginning on Janary 1, Jackson Lewis P.C.

6 Key Point If yo insre NY stattory disability, yor disability carrier mst offer yo NYPFL coverage If yo self-insre NY stattory disability, yo mst either: Self insre NYPFL; or Start insring both DBL and PFL as of 1/1/2018 Self-Insrance concerns abond becase no one really knows how mch sage will exist and, therefore, how mch NYPFL will ltimately cost. Final Reglations reqire employers who self-insre PFL benefits to bear all costs of PFL benefits and administration, even if they exceed amont received throgh payroll dedctions 2016 Jackson Lewis P.C.

7 Reasons For Leave Care for Family Member: When paid leave is necessary to provide care, inclding physical or psychological care, to their family members de to a family member s serios health condition; Bond with Child: To bond with their newborn children dring the first year of the child s life, or, in the case of adoption or foster care placement, for the first year after the placement of a child with the employee; and Military Qalifying Event: For any qalifying reason as provided for nder the federal Family and Medical Leave Act arising from the employees spose, domestic partner, child, or parent being on active military dty, or, alternatively, being notified of an impending call or order to active military dty Jackson Lewis P.C.

8 How Mch Leave Is Available? Janary 1, 2018: 8 weeks paid at 50% of the employee s average weekly wage or 50% of the state average weekly wage, whichever is less; Janary 1, 2019: 10 weeks paid at 55% of the employee s average weekly wage or 55% of the state average weekly wage, whichever is less; Janary 1, 2020: 10 weeks paid at 60% of the employee s average weekly wage or 60% of the state average weekly wage, whichever is less; and Janary 1, 2021: 12 weeks paid at 67% of the employee s average weekly wage or 67% of the state average weekly wage, whichever is less Jackson Lewis P.C.

9 NYPFL Entitlements Pay discssed above Job Restoration same or comparable position Contined health insrance similar to FMLA Intermittent leave bt no partial day absences Cannot lose any employment benefit accred prior to the date on which the leave commenced similar to FMLA Not accral of seniority or employment benefits dring PFL, bt cannot discriminate against PFL leave takers similar to FMLA 2016 Jackson Lewis P.C.

10 Other Isses Employer general notice reqirements inclding handbook policies Employer specific notice reqirements inclding designation notices Reimbrsement for paid time sed for PFL Rnning volntary paid leave concrrently Mandatory Dispte Resoltion and Discrimination Claims Exceptions: NYPFL benefits may not be payable if EE: Is receiving total disability payments prsant to WC, volnteer firefighters benefits, or volnteer amblance workers benefits; Is on administrative leave; Is collecting sick pay or PTO; or Works partial days with pay Jackson Lewis P.C.

11 NYPFL FMLA Comparison NY PFL FMLA 12 weeks of paid leave (by 2021). 12 weeks of npaid leave. Applies to all Employers sbject to NYSWC Law regardless of size. Covered a_er 26 weeks of employment (a_er 175 th day for part Hme employees). Family member means the employee s child, parent, grandparent, grandchild, spose, or domes=c partner If offered by the employer, employees may spplement PFL benefits p to their fll salary or wages with accred vacahon, or personal leave Hme dring the paid leave. 50 or more employees in a 75 mile radis. Covered a_er 12 months and 1,250 hors of work. Family Member means the employee s spose, son, daghter, or parent An employer may compel an employee to sbshtte paid Hme off for npaid family and medical leave Jackson Lewis P.C.

12 Compliance Strategies Confirm whether yo will self-fnd or insre the PFL benefit. If applicable, develop a labor relations strategy for approaching the nions to obtain their agreement to permit payroll dedctions. Review PFL forms EEs mst complete to apply for and receive benefits. Determine how forms will be integrated into crrent leave practices: - Who will send NYPFL forms, review responses and follow p on deficiencies? - Does it depend on whether there is FMLA overlap? Determine whether and to what extent the PFL benefits overlap with company leave policies and/or CBA benefits. Develop systems to provide written notice to employees that all overlapping leaves will rn concrrently. Ensre that a written PFL policy is distribted before 1/1/2018. Train those responsible for administering PFL on EE rights and obligations and coordination with FMLA and company policies and practices Jackson Lewis P.C.

13 Helpfl NYPFL Links Link to the web page where the final reglations and other important docments are listed. Link to the text of the final reglations, which yo can also access from the prior link

14 THANK YOU With 800 adorneys prachcing in major locahons throghot the U.S. and Perto Rico, Jackson Lewis provides the resorces to address every aspect of the employer/employee relahonship. 14