November 02, 2017 New York Paid Family Leave Law Deadline Approaching for Certain Public Sector Employers
KEEPING YOU INFORMED…
We are writing to advise you of the New York Paid Family Leave Law (“NYPFL Law”) December 1, 2017 deadline for certain public sector employers. As we previously advised in our August client memo (attached), opting into providing benefits pursuant to this Law is optional for public sector employers. As we also explained, however, certain public sector employers (public authorities, municipal corporations, fire districts and other political subdivisions that have become a covered employer for the purposes of providing disability benefits pursuant to Workers’ Compensation Law § 212(2)) have a December 1, 2017 deadline by which to decide whether they will provide NYPFL Law benefits and must notify their employees, their disability carrier and the Workers’ Compensation Board of their decision by that date. If an employer (as described in this paragraph) opts to provide NYPFL Law benefits by this deadline, the Regulations provide a detailed list of additional requirements and obligations that must be followed.
You should check with your disability insurance carrier to determine whether you provide disability benefits to any of your employees pursuant to Workers’ Compensation Law § 212(2). If so, you will need to send an e-mail to PAU@WCB.NY.GOV stating the name of the employer and whether the employer is choosing to opt into providing NYPFL Law benefits at this time. Employers that are in the middle of negotiations with their union(s) as of December 1, 2017 (and, therefore, have not contractually agreed to provide NYPFL Law benefits as of that date) should state that they are choosing not to opt in at this time.
If you are choosing to opt into providing the benefit, the State has published Forms PFL-135 and PFL-136 (attached), which differ depending on whether the employer is requiring a contribution from its employees. The applicable form must be completed and sent to the Workers’ Compensation Board’s Bureau of Compliance.[1]
If you have any questions regarding this NYPFL Law deadline, please contact Alyssa Zuckerman or one of our other attorneys by calling (631) 694-2300.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP 2017
[1] There is currently no deadline by which the forms need to be sent but, as a practical matter, they should be sent as soon as possible for processing.