How Intermittent Leave is Being Taken in New York's Paid Family Leave

Topics: Paid Family Leave

As New York’s Paid Family Leave Act went into effect this past January, employers in the state have been learning just how the act will impact their workforce as the industry begins to understands the trends in how paid family leave is utilized.

Paid Family Leave can be used throughout the year for the same event – whether you are taking it for bonding, caring for family or exigency related to military duty. The bonding benefit may be taken up to a year following a birth, adoption or foster placement. Caring for a seriously ill family member may continue for many months, and military commitments may also require recurrent and sporadic leave. Intermittent leave allows the employee to take only the necessary days off of work.



Intermittent use of paid family leave allows for flexibility and adjustments to meet the changing needs of their family member or child. This also may create a challenge for an employer that must maintain the job for their employee who can take protected leave in an inconsistent manner.

Just how popular is the intermittent option? Data from the first half of 2018 shows that 60% of claimants were using paid family leave intermittently.adjustments to meet the changing needs of their family member or child. This also may create a challenge for an employer that must maintain the job for their employee who can take protected leave in an inconsistent manner.

Agents can help employers manage the use of intermittent leave by:
  • Utilizing a calendar tracker to verify employees are paid correctly for days worked, and not paid twice both from PFL and regular work hours
  • Working with staffing agencies to accommodate inconsistent leave coverage
  • Coordinating with employees to get a handle on when they plan to use the leave. While intermittent leave does require a 30-day notice to the employer before being taken, as a new law the rules are still new and we are seeing employees taking leave with less notice. Encourage your clients to work with employees to understand how and when they plan to use the intermittent 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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