It keeps getting harder for even the most seasoned Human Resources team to stay on top of employee leaves.  Employers with 50 or more employees in New York need to comply with the federal Family and Medical Leave Act (FMLA) and the new New York Paid Family Leave (NYPFL).  Here are some key differences to consider:

NYPFL FMLA
Eligibility •Employees who work 20 or more hours per week
for 26 consecutive weeks
•Employees who work less than 20 hours per week
for 175 workdays (does not need to be consecutive)
• Employees who work for 12 months (does not
need to be consecutive)
•Work 1,250 hours within the last 12 months
•Work at a site with 50 employees in a 75-mile
radius
Reason for Leave Covers leave to care for an ill grandparent, grandchild, domestic partner and parent-in-law in addition to an ill child, parent or spouse. Does not consider leave for an ill grandparent,
grandchild, domestic partner and parent-in-law as a
qualified reason for leave.
Intermittent Leave Must be taken in full day increments to be paid. Can be taken less than a full day, down to the smallest increment your companies’ payroll will process for other leave types.
Duration of Leave 8 weeks of paid leave** which is also job-protected
and health benefits-protected that increases over the
next 4 years maxing at 12 weeks.
12 weeks of unpaid job-protected and health
benefits-protected leave.

** Capped at $652.96 (or 50% of the NY State Average Weekly
Wage(AWW) which is $1,305.92 for 2018)

We Can Help Manage It All

The Broad Reach Benefits Team can help reduce the burden and enhance compliance by implementing integrated management of federal and state leaves, statutory disability and short term disability.  The advantages are:

  • Integrated eligibility determination for FMLA and NYPFL
  • One intake for FMLA, NYPFL, STD and NY Disability Benefits (statutory) leaves
  • Communications to employees of rights and responsibilities throughout the process
  • Detailed employer reporting

Reach out to any of the Broad Reach Benefits Team for information on FMLA and NYPFL or to learn more about implementing a solution to manage the process!