New York Paid Family Leave: Update of Available Forms

We previously posted bulletins addressing an overview of employer and employee requirements under New York’s Paid Family Leave Act (the “Act”), which goes into effect January 1, 2018. (See https://www.rivkinradler.com/publications/regulations-issued-new-york-paid-family-leave-benefits-law/ and https://www.rivkinradler.com/publications/ny-workers-compensation-board-finalizes-paid-family-leave-regulations/.)

Under the Act, employees who will not meet the minimum employment duration requirements to qualify for coverage will have the option of waiving coverage – and the attendant contributions – by completing waiver forms. The waiver form issued by New York State is now available at https://www.ny.gov/sites/ny.gov/files/atoms/files/PFLWaiver.pdf.

An employer who wishes to voluntarily provide coverage for a class of employees who would otherwise not qualify under the Act may apply to do so by completing either of the following forms:

• https://www.ny.gov/sites/ny.gov/files/atoms/files/PFL-135.pdf (no employee contribution required);
• https://www.ny.gov/sites/ny.gov/files/atoms/files/PFL-136.pdf (employee contribution required).

Finally, New York has released the application forms for employees to request Paid Family Leave. These forms, which vary based on the reason for leave, are available at:

• Bonding: https://www.ny.gov/sites/ny.gov/files/atoms/files/bonding.pdf.
• Care for family member: https://www.ny.gov/sites/ny.gov/files/atoms/files/careforfamilymember.pdf.
• Military-related: https://www.ny.gov/sites/ny.gov/files/atoms/files/military.pdf.

Employers should make these forms readily available to employees when needed and let employees know where to obtain them. Additionally, as the Paid Family Leave Acts’ effective date fast approaches, employers should review and modify their leave policies as necessary and ensure that management is familiar with their new obligations.