Topics: Agent Resources New York Paid Family Leave
Caring for a loved one who is seriously injured or ill can be a difficult and emotionally challenging time for a family. The New York Paid Family Leave (PFL) regulation ensures job-protected leave for employees to care for family members that qualify as seriously injured or ill.
As we’ve discussed in previous blog posts, including our NY State Paid Leave Client Prep Checklist for Success, this new policy will take effect on January 1, 2018. And you’ll want to help your clients get ahead of the game by putting a plan in place now so they don’t have to worry about taking care of employees while they’re out.
As a reminder, the new policy will guarantee New Yorkers paid family leave and job protection in the following circumstances:
Keep reading to learn more about Paid Family Leave in the second instance, for taking care of a family member who has a serious medical condition like an injury or illness. Then contact the team at AmTrust North America to learn more about helping your clients cover costs with Statutory Disability Insurance.
The definition of providing care has been designed to include different scenarios that an employee may face including physical care, emotional support, visitation, assistance in treatment, transportation, arranging for a change in care, assistance with daily living, and personal attendant services.
There are two qualifiers to this definition:
This means that an illness, injury, impairment or physical or mental condition involves either:
The state regulations define this in a few ways:
1. More than three consecutive, full calendar days that a family member cannot work, attend school, perform regular daily activities or is otherwise incapacitated by illness, injury, impairment, or physical or mental conditions.
In addition, this includes any follow up treatment or incapacity caused by the same condition that also involves either:
2. Any period during which a family member is incapacitated due to a chronic serious health condition. This is a condition that:
3. A long-term or permanent period during which a family member is incapacitated, during which time (s)he must be under the continuing supervision of a doctor for a condition, such as a severe stroke.
4. A period during which a family member is incapacitated because (s)he is receiving treatment (including recovery time) by a doctor for:
“Family member” can mean the following:
The employee must provide documentation of family member’s serious health condition from doctor that has the following information:
A doctor may deny certification for family leave when the employee asking for the leave is the perpetrator of domestic violence or child abuse against the person receiving care.
This form includes the same stipulations outlined above. A doctor may also deny this certification for family leave when the employee asking for the leave is the perpetrator of domestic violence or child abuse against the person receiving care.
When certification is required, the employee must provide the carrier with a complete and sufficient certification or leave may be denied. The authorization, release or waiver completed by the person receiving care is subject to the authorization rules and exceptions outlined in the HIPAA Privacy Rule (45 C.F.R. parts 160 and 164 ).
This type of family leave has been covered in the Family and Medical Leave Act, but was initially available only to those who work for an employer with 50+ employees. The expansion of this benefit to a larger population, combined with the financial and job security aspects of Paid Family Leave, means more opportunity for employees in New York State to utilize it.
Help your clients prepare for the policy, which goes into effect on January 1, 2018, with a Statutory Disability Insurance Policy from AmTrust North America. To schedule a training webinar, please contact our Disabilities Insurance department.