A Guide for Employers January 18, 2018 2 Agenda 1. Why New York - PowerPoint PPT Presentation

January 18, 2018 A Guide for Employers

January 18, 2018 2 Agenda 1. Why New York Needs Paid Family Leave 2. Paid Family Leave Overview 3. Employer Responsibilities 4. PFL & Other Leave Policies 5. Resources 6. Your Questions Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 3 Why Do We Need Paid Family Leave? Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 4 Why Do We Need Paid Family Leave? Employees struggle to maintain their jobs while caring for 1 family in a specific time of need Pressures can impact job performance and the workplace 2 Paid leave increases likelihood employees return to work, 3 resulting in higher retention and lower costs for employers Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 5 NY Leads the Nation ● Governor Cuomo worked to develop the nation’s strongest and most comprehensive Paid Family Leave policy ● April 2016 the bill was signed into law Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 6 Paid Family Leave Basics ● Paid Family Leave is insurance fully funded by employees ● It provides paid time off and job protection for employees to: Bond with a child Care for sick family members Assist family when a service member is deployed abroad Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 7 Uses of Paid Family Leave Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 8 Bonding with a Child Provides for both parents to bond with a child within the first 12 months of: Foster Birth Adoption Care Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 9 Caring for a Sick Family Member Provides paid time off to care for: ● a family member ● with a serious health condition Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 10 Caring for a Sick Family Member Qualifying family members include: ● spouse ● parent-in-law ● domestic partner ● stepparent ● child ● grandparent These family members can live outside of New York State and ● stepchild ● grandchild even outside the U.S. ● parent Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 11 Caring for a Sick Family Member A serious health condition is an illness, injury, impairment, or physical or mental condition requiring either: 1. inpatient care; or 2. continuing treatment or supervision by a health care provider Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 12 Caring for a Sick Family Member Examples of serious health conditions: ● an employee’s mother is receiving chemotherapy ● an employee’s father is recuperating from surgery ● an employee’s child is undergoing treatment for addiction Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 13 Caring for a Sick Family Member Examples of health conditions not considered serious under Paid Family Leave: ● common cold/flu ● routine dental, orthodontia ● cosmetic treatment Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 14 Assisting During a Military Deployment For assistance when a spouse, child, domestic partner or parent is deployed abroad on active military service. Events may include: ● Short notice military deployment ● Post-deployment activities ● Military events; related activities ● Making financial/legal arrangements ● Service member’s rest, recuperation or ● Child care arrangements for military counseling member’s child Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 15 Benefits Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 16 Time Off Benefits Time off benefits phased in starting January 1, 2018 at 8 weeks and will reach 12 weeks by 2021 12 10 10 WEEKS 8 WEEKS WEEKS WEEKS 2018 2019 2020 2021 * The Department of Financial Services will review the marketplace every year before benefits are increased Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 17 Wage Benefits Benefits phased in starting January 1, 2018 at 50% of an employee’s average weekly wage and will reach 67% by 2021 67% 60% 55% 50% 2018 2019 2020 2021 * Benefits will be capped at the designated percentage of the New York State Average Weekly Wage Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 18 Employee Rights and Protections Employees have paid time off and: ● Job protection ● Health insurance continued while on leave ● Employees continue paying their share, if any ● Protection from discrimination and retaliation for requesting or taking Paid Family Leave Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 19 Employee Contributions Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 20 How Much Do Employees Pay? ● Employees pay for these benefits through a small weekly payroll deduction ● The 2018 payroll contribution is 0.126% of an employee’s weekly wage ● Contributions are capped at an annual maximum of $85.56 ● If an employee earns less than the New York State Average Weekly Wage, their annual contribution will be less than the cap Example: If an employee earns $27,000 this year ($519 a week), they will pay about 65 cents per week for Paid Family Leave Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 21 Weekly Deduction Calculator A weekly deduction calculator is available: ny.gov/PFLcalculator Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 22 Examples for 2018 Paid Family Leave Coverage Weekly PFL Maximum PFL Weekly Pay on Maximum Paid Weekly Salary contribution Time Off PFL Benefit $500 $0.63/week 8 weeks $250 $2000 ($26,000 annually) ($32.76 annually) $1.65/week $1305.92 8 weeks $652.96 $5223.68 ($85.56 annually) ($67,907 annually) Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 23 Employee Eligibility Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 24 Who is Eligible? ● Participation is required for private employers ● Public employers may opt in ● Public employees represented by a union may be covered if Paid Family Leave is collectively bargained Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 25 Who is Eligible? Employees are eligible if they regularly work: ● 20 or more hours per week ● For 26 consecutive weeks ● Less than 20 hours per week ● For 175 days Employees are eligible regardless of citizenship and/or immigration status Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 26 Can Employees Waive Coverage? Employees who do not work the minimum time may file waivers, which are available at ny.gov/PaidFamilyLeave ● Employees who file a waiver will be ineligible for benefits and exempt from making contributions Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 27 Can Waivers Be Revoked? ● The waiver will be automatically revoked if the employee’s schedule changes or they may voluntarily revoke it at any time ● Employee will begin making Paid Family Leave contributions along with any retroactive amounts due Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 28 Requesting Paid Family Leave Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 29 When Can Employees Take Paid Family Leave? January 2018 ● As of January 1 1 ● Maximum benefit available once every 52 weeks Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 30 How Employees Request Leave Employee Employee Employer Employee • Enters • Notifies information • Attaches employer of onto claim supporting the need for • Files claim form form documentation PFL 30 days in with employer • Returns to • Submits to the advance, if employee insurer foreseeable within 3 days Insurers must pay or deny the claim within 18 days of receipt Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 31 Getting Request Forms Employees can get Paid Family Leave request forms from: ● You ● Your insurance carrier ● ny.gov/PaidFamilyLeaveApply Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 32 Handling Disputes ● If an employee’s claim is denied, they may request a review ● Arbitration under a neutral arbitrator will resolve disputes Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave

January 18, 2018 33 Protection from Discrimination An employee can file a discrimination claim with the Workers’ Compensation Board if their employer: ● does not reinstate the employee to the same or similar position, ● terminates the employee, ● reduces the employee’s pay and/or benefits, or ● disciplines the employee as a result of requesting or taking Paid Family Leave. Helpline: (844) 337-6303 Website: www.ny.gov/PaidFamilyLeave