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Update: NYS Paid Family Leave

It’s been 5 months since the Paid Family Leave law went into effect; claims are being filed and questions are leading to further regulation. Below is a short list of clarifying statements and recommendations to help you understand this evolving topic. One important issue is the need for signed waiver forms from seasonal and temporary employees. As businesses staff up with this category of employees it’s very important to understand your responsibility as an employer.

  • Employers MUST get signed Waiver of Coverage forms from Seasonal & Temporary employees or start deducting the PFL premiums immediately.  Seasonal & Temporary Employees can withdraw a waiver at any time, and the Employer can collect retroactive premiums from the employee at that time: Get the PFL Waiver Here!
  • Employers bear the responsibility of identifying Seasonal & Temporary employees and collection of Waivers.
  • Employers can allow employees to use their Paid Time Off to subsidize additional pay, but CAN NOT require them to use it at same time as PFL leave.
  • Employers subject to FMLA should create policy that employees have to use their PFL and FMLA at the same time otherwise employees would be provided 8 weeks of PFL and possibly another 12 weeks of FMLA.
  • Employers that provide 100% of the employees’ wages during PFL leave are eligible to have the benefit paid to the group.
  • When Claim form is given to Employer from Employee, Employer has 3 days to complete and return back to the employee.  Technically employee’s responsibility to file claim with carrier.
  • Carriers have 18 days to process PFL claim once all required documents are received.
  • If an Employee was to resign during a PFL leave, benefits would stop as the day of their resignation.
  • 1099’s will be produced for benefits of $600 or more.  Benefits under $600 are non-taxable.
  • If Employer pays 100% of wages and benefit is paid to Employer no 1099 would be produced.
  • If an employee pays their annual cap with an Employer, then changes jobs the new Employer must start the PFL deductions as new premiums due from new employer
  • Son-in-Law & Daughter-in-Laws, along with Brothers & Sisters, are EXCLUDED dependents for PFL benefit eligibility.

Please let your KBM Management Account Executive know if you have any questions or concerns regarding your PFL benefits. We can assist you in being sure you, as the employer, are managing the payment, claims, and benefits of Paid Family Leave.

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