New York Leave of Absence (FMLA) laws & compensation compliance analysis

New York Leave of Absence (FMLA): What you need to know

Effective January 1, 2018, nearly all employees covered by the state’s temporary disability insurance law will also be eligible for paid family leave.
Covered employers. Most private employers with one or more employees are covered by the law. Public employers may opt in to the system.
Any employer, regardless of location, with employees working in New York for 30 or more days in a calendar year must obtain paid family leave coverage.
Paid family leave is a benefit for people who work in New York; therefore, it does not matter where the employer is headquartered or where the employee lives.
Covered employees. As noted, nearly all employees covered by the state’s temporary disability insurance law will also be eligible for paid family leave.
• Employees with a regular work schedule of 20 or more hours per week are eligible after 26 weeks of employment.
• Employees with a regular work schedule of less than 20 hours per week are eligible after 175 days worked.
Independent contractors are not considered employees under the law; however, self–employed individuals may voluntarily obtain paid family leave coverage for themselves if desired.
Paid family leave insurance. Wage replacement during paid family leave is not funded by employers. Rather, paid family leave is funded via a paid family leave insurance policy. This policy will typically be added to an employer’s existing disability insurance policy.
The premium cost for paid family leave insurance is paid for by deductions from employee payroll (though employers may also opt to cover the cost of premiums themselves).
Paid family leave does not replace disability benefits coverage; some employees may be eligible for both paid family leave and ...

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