The Final Push: New York Delivers a Revised Version of Paid Family Leave Rules

June 5, 2017

On May 24, 2017, the New York State Workers’ Compensation Board (the “Board”) released a revised set of proposed rules regarding the rights and responsibilities of employees, employers, and insurance carriers under the New York Paid Family Leave Benefits Law (the “PFL”).  The PFL was signed into law by Governor Andrew Cuomo on April 4, 2016 and goes into effect on January 1, 2018.  As discussed in our previous alert, the Board released an initial set of proposed rules on February 22, 2017.  Following a public comment period, the Board made a number of notable revisions to the proposed rules.  Those revisions are discussed below, and opened a new 30-day comment period before the final rules are issued.

Eligibility for Paid Family Leave

The initial rules provided that full-time employees were eligible for paid family leave after 26 consecutive weeks of work, and part-time employees were eligible after 175 days of work.  Part-time employees were defined as those who worked fewer than five days per week.  After receiving comments concerning full-time employees with compressed work schedules (i.e., long shifts spread across fewer than five days per week), the Board made a change:  the 26-week requirement now applies to employees who work 20 or more hours per week, and the 175-day requirement applies to employees who work fewer than 20 hours per week.

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