Disability & Paid Family Leave: How They Work Together

Topics: Paid Family Leave

Data analyzed by AmTrust Financial looking at how claimants are filing for New York’s Paid Family Leave Act show that the vast majority (95%) of female bonding claims are also taking disability leave.

That means that in 2018, female employees who file for DBL after giving birth and filing a bonding claim for PFL can take up to 14 weeks protected, paid leave. As the law roles out over the next few years and the leave time for PFL increases, that number will jump to 18 weeks protected leave. A claimant cannot collect NYPFL and NYDBL at the same time, but they can be taken back to back, and our data shows that this is in fact the trend for most female bonding filings.



While the change is a positive one for employee morale and those who have advocated for longer paid leave time for new mothers, it can be tricky for an employer to manage that time off. Agents need to work with their clients to help them prepare for employees taking longer leave time when it comes to maternal bonding.

AmTrust Financial suggests agents work with their clients to help them face the reality that they’ll likely need to prepare for longer leave time and the need to disperse work load during that leave. Agents can help clients by following these three tips:
  • Employers should talk to their employees about their leave plans ahead of time. Do they plan to take both DBL and PFL back to back, or do they plan to use PFL intermittently? Agents can also help their clients with filing. DBL is filed by the employer, but PFL is typically filed by the employee.
  • Encourage clients to develop a relationship with a staffing agency. Using an agency can help find temporary, qualified candidates to file the role of an individual on paid leave.
  • Help your clients create a return to work plan for their employees. Having a plan helps ensure a smoother transition back into employment after leave.

This material is for informational purposes only, summarizes coverages and services that may be available in a policy, and is not legal or business advice. Neither AmTrust Financial Services, Inc. nor any of its subsidiaries or affiliates represents or warrants that the information contained herein is appropriate or suitable for any specific business or legal purpose. Readers seeking resolution of specific questions should consult their business and/or legal advisors.
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