Final Paid Family Leave Rules Issued in New York

With less than six months until the roll out of Paid Family Leave (PFL) in New York, the Workers Compensation Board (WCB) has released the final rules implementing the PFL Benefits Law. 

You can find the final PFL rules here.

Adopted today, the final rules made only minor changes to the proposed revised regulations that were released in May.  We are still in the process of reviewing the final rules, but here are a few initial points that we would like to highlight for employers:

  • Under the final rules, employers are still permitted to start taking deductions as of July 1, 2017 (which is good news for those who have already begun doing so in reliance on the proposed rules).
  • The final rules require employers to offer a waiver option to those employees who it anticipates may not be eligible for PFL benefits.
  • The response to comments again confirmed that employees will be permitted to take PFL for a qualifying birth or placement of a child that occurs in 2017, which may allow employees who took advantage of leave under the Family Medical Leave Act (FMLA) and/or company policies in 2017 to take additional leave in 2018.

We look forward to providing you with additional information about PFL and its impact on employers as the date of implementation (January 1, 2018) approaches.

Need more information? Please contact any member of the firm’s Labor and Employment group for more information on New York’s Paid Family Leave Benefits Law.

This post was co-authored by Lindsey N. Bober.

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