New York State Paid Family Leave
The College provides eligible employees working in New York with paid leave benefits in accordance with the New York State Paid Family Leave Benefits Law (“PFL”). PFL is designed to enable eligible employees to take time off from work to care for family members under circumstances as outlined below. Eligible employees taking PFL will receive partial wage replacement through an insurance policy that is funded by weekly, post-tax employee payroll deductions (established annually in accordance with state law). Payroll deductions will begin on the employee’s first day of employment.
Participation in the PFL program is mandatory for all employees, except for Faculty and Adjunct, and those individuals eligible for a waiver (explained below).
Employee Eligibility
An employee regularly scheduled to work at least 20 hours per week is eligible to take PFL after they have been employed by the College for 26 consecutive weeks.
An employee regularly scheduled to work less than 20 hours per week is eligible to take PFL after working for the College for 175 days.
Faculty and Adjuncts, as individuals engaged in a teaching capacity for the College, are not covered or eligible for NY PFL.
Note: Time spent on paid time off (e.g., vacation and sick time) will count towards an employee’s eligibility determination, provided deductions were taken during that period of paid time off. However, time that an employee spends on New York State Disability Leave or unpaid leave will not be counted towards an employee’s eligibility determination.
Qualifying Reasons for Leave Under PFL
Eligible employees may apply to take PFL for the following qualifying reasons:
1. Caring: To provide care for their child (regardless of age), parent (including parent-in-law), grandparent, grandchild, spouse, sibling and/or domestic partner with a “serious health condition”.
- “Providing care” includes: necessary physical care, emotional support, visitation, assistance in treatment, transportation, arranging for a change in care, assistance with essential daily living matters, and personal attendant services.
- Note: During the leave, the employee must be in close physical proximity to the identified family member who is receiving care.
- “Serious Health Condition” means: an illness, injury, impairment or physical or mental condition that involves either in-patient care or continuing treatment (or supervision) by a health care provider. Questions regarding the definition of “serious health condition” should be directed to the President.
- Note: Absent complications, the common cold, the flu, an earache, an upset stomach, a minor ulcer, a headache (other than a migraine), a routine dental procedure / orthodontia problem, a periodontal disease, etc. does not typically constitute a serious health condition.
2. Bonding: To bond with their child following the child’s birth, adoption or placement in foster care.
- In the case of adoption or placement, PFL may be taken prior to the adoption or placement if the employee’s absence is necessary for the placement or adoption to proceed. PFL taken for these circumstances must be used within one year of the first day of leave, or within one year of the adoption / placement, whichever is earlier.
- In the case of the birth of a newborn child, PFL taken to bond with the child must be used within the first year following the child’s birth.
3. Preparing: To prepare for, or attend to, a qualifying exigency arising out of their family member’s military service.
- “Family member”, as applied to this particular provision, shall include the employee’s spouse, domestic partner, child or parent who is currently on active duty or has been notified of an impending call to active duty in the Armed Forces of the United States.
- “Qualifying exigency” shall have the same meaning and interpretation under PFL as the term is currently used under the federal Family and Medical Leave Act (“FMLA”). Questions regarding the definition or application of “qualifying exigency” should be directed to the President.
PFL is not available for the employee’s own disability or serious health condition. Disability, or non-FMLA medical leave may be available in those circumstances. Please see the College’s Short-Term Disability and other medical leave or leave of absence policies for additional information.
Waivers
Employees have the opportunity to waive PFL benefits under the following limited circumstances:
- The employee’s regular work schedule is 20 or more hours per week, but the employee will not work for the College for 26 consecutive weeks.
- The employee’s regular work schedule is less than 20 hours per week and the employee will not work for the College for 175 days during a consecutive 52-week period.
If an employee elects to waive PFL coverage, the College will not take PFL payroll deductions from that employee. However, if an employee elects to waive PFL coverage and his/her regular schedule changes such that they work for either 26 consecutive weeks or 175 days in in a consecutive 52-week period, the employee’s waiver will be automatically revoked under the law. When such a waiver is revoked, the College will notify the employee regarding his/her contribution obligations. Thereafter, College may begin taking PFL payroll deductions from the employee, including any retroactive amounts from the employee’s date of hire or the amount necessary to prevent the College from having to pay the applicable PFL insurance premium.
Amount of PFL Leave Available
Eligible employees are entitled to up to 12 weeks of leave during a 52-week period. The 52-week time period is calculated by measuring backwards from each day for which PFL is taken. PFL may be taken in daily or weekly increments. In the event that an employee also collects New York State Disability Leave Benefits (“DBL”) for his/her own disability, the maximum amount of time that can be taken for both DBL and PFL can total no more than 26 weeks during a 52-week time period.
The College will not permit more than one employee to use PFL to care for the same family member at the same time.
Example: If both spouses work for the College, the College may deny PFL to one spouse if both employees have requested to take PFL during the same period of time to bond with the same child. However, both spouses could take PFL at different times to bond with the same child.
PFL Benefit Levels
Employees do not continue to receive their full pay from the College during PFL. Rather, they will receive a partial wage replacement benefit payment which will be paid directly from the College’s insurance carrier. Employees will receive 67% of their average weekly wage, up to a cap of 67% of the current Statewide Average Weekly Wage. NYS sets the Statewide Average Weekly Wage each year.
If PFL leave spans across calendar years, the employee’s benefit amount / rate is set at the time the PFL leave begins and does not increase during the leave period.
Intermittent Leave
PFL may be taken on either a weekly or intermittent basis (i.e., separate blocks of time). Intermittent PFL must be used in full-day increments.
Employee Notice Requirements
Employees must provide the College with notice regarding the need for PFL before the start of the leave; notice should be given to the President. Employees are required to provide sufficient information and notice to inform the College of the qualifying event, the anticipated timing, and the duration of leave.
- If the need for PFL is foreseeable (i.e., planned medical treatments / appointments, to bond with a child, a qualifying military exigency, etc.), the employee must provide the College with at least 30 days’ advance notice, or as soon as the need for leave becomes known.
- If the need for PFL is not foreseeable because of a medical emergency, change in circumstances or lack of advance knowledge, the employee must notify the College as soon as practicable under the circumstances. It should be practicable for the employee to follow College’s usual and customary call-in procedure, which requires employees to personally notify their supervisor and/or Department and/or Division Head, and the Office of Human Resources of their absence as soon as possible, but no later than one (1) hour before the start of their shift.
- If an employee fails to provide 30 days’ advance notice of foreseeable PFL and provides no reasonable excuse for the delay, the insurance carrier may partially deny the claim for a period of up to 30 days from the date the notice is given.
- If leave is taken on an intermittent basis, the employee must provide notice as soon as is practicable before each day taken as intermittent leave.
When the need for PFL is foreseeable, including intermittent leave, employees are encouraged to consult with their supervisor and The Office of Human Resources regarding leave scheduling so as to minimize operational disruptions to the College and/or Department.
Applying for PFL Benefits
Employees needing PFL must notify The Office of Human Resources. In order to receive income replacement benefits while on PFL, an employee must submit a claim form to the College’s PFL insurance carrier using the applicable Request for Paid Family Leave forms. The claim form(s) will provide details regarding the documentation that will be required to support the request for PFL benefits. These forms may be obtained from The Office of Human Resources.
Employees are responsible for timely filing their own PFL claim(s) with the College’s insurance carrier. While employees have 30 days from the date PFL is taken to file the claim, employees should consider filing the claim as quickly as possible to ensure prompt payment of PFL benefits if the claim is ultimately approved. The College will not file a claim on an employee’s behalf. In addition, an employee will not receive any PFL benefits until the claim has been fully submitted and approved by the insurance carrier. The insurance carrier has 18 days, from the date of submission, to make this decision.
An employee who is absent from work and whose PFL claim is later denied by the insurance carrier, may be authorized for leave, if eligible, under one of the College’s other leave of absence policies. If the employee is not eligible under any other leave of absence policy, the employee will be required to apply any accrued, unused paid time off. If the employee does not have any accrued, unused paid time off, the employee’s absence may be treated as unexcused and subject to the College’s attendance policy.
Substitution of Paid Time Off
An employee has the option to supplement their PFL benefit with available accrued paid time off (e.g., vacation, sick and personal time) in order to receive full pay. In no event can the combination of PFL benefits and paid time off result in the receipt of more than 100% of an employee’s regular wages.
Maintenance of Health Benefits
While an employee is out of work on an approved PFL, the College will maintain the employee’s health benefits as if the employee continued to be actively employed. Specifically, the College will continue to pay its portion of the group health insurance premium (where applicable) while the employee is on PFL.
The employee will be responsible for continuing to contribute their portion of the health insurance premium(s) and is expected to make arrangements with The Office of Human Resources to ensure timely payment. If payment is more than 30 days late, the employee’s health insurance coverage may be dropped for the duration of PFL. The College will provide 15 days’ notice prior to terminating coverage.
If group health plan benefits lapse because an employee has not made the required premium payments, then upon the employee's return from PFL, the employee will be restored to coverage/benefits equivalent to those the employee would have had if PFL had not been taken and premium payment(s) had not been missed, including family or dependent coverage.
If an employee chooses not to retain group health plan coverage during PFL, then upon the employee's return from leave, the employee shall be reinstated into the health plan on the same terms the employee had prior to taking leave.
An employee’s use of PFL leave will not result in the loss of any employment benefits that accrued prior to the start of an employee’s PFL leave (unless such accrued benefits, such as paid time off, were used during PFL leave). The employee, however, will not accrue any additional benefits or seniority during any period of PFL leave that is not paid through use of accrued leave benefits, except as otherwise required by law.
Interplay with Other Leaves
An employee’s use of intermittent FMLA leave on a partial-day basis may, under certain circumstances, reduce an employee’s PFL benefit amount. Specifically, each time an employee takes partial-day intermittent FMLA leaves during a 12- month period that add up to the number of hours in an employee’s usual workday, the College will deduct one day of PFL benefits from the employee’s annual PFL benefit allotment.
Restoration of Employment
An employee who returns to work at the conclusion of an approved period of PFL will be restored to the same position or to a comparable position (with comparable pay, benefits and other terms and conditions of employment). If the employee has exhausted all weeks of available PFL and is still unable to return to work, the employee is no longer provided with any job restoration rights under PFL, unless other job protections apply.
Appeal Rights
If an employee’s request for PFL has been denied by the insurance carrier, the employee has the right to appeal the determination through an arbitration proceeding. Information regarding the appeal process is available from the insurance carrier.
Protection from Discrimination and Retaliation
The College will not discriminate and/or retaliate against any employee for inquiring about, applying for, or using PFL benefits. Employees who believe they have experienced discrimination and/or retaliation should immediately notify their supervisor, Department and/or Division Head, and/or The Office of Human Resources.
Fraud
An employee who fraudulently obtains PFL, or who uses PFL in an improper manner, is subject to disciplinary action, up to and including termination.
An employee who has questions concerning PFL is encouraged to contact The Office of Human Resources for more information, clarification and/or appropriate guidance.