Answering some common employer questions The New York Workers’ Compensation Board on July 19 published its final regulations implementing the New York Paid Family Leave Law (PFL). The final regulations largely mirror the proposed regulations issued on May 24, but the board provided further clarification in certain areas. For example, in its commentary, the board […]
Answering some common employer questions
The New York Workers’ Compensation Board on July 19 published its final regulations implementing the New York Paid Family Leave Law (PFL).
The final regulations largely mirror the proposed regulations issued on May 24, but the board provided further clarification in certain areas. For example, in its commentary, the board clarified the rules applicable to coverage of out-of-state employees, the measurement of “days worked” as applied to part-time employees, and how to calculate an employee’s average weekly wage. Core provisions, such as PFL coverage, eligibility, and interplay with other leave laws, remain the same.
Now that the regulations are final, employers should begin, in earnest, to modify existing leave policies and processes to incorporate PFL requirements, and to develop new PFL policies that provide employees with information about their rights and obligations under the law.
We held a webinar on New York’s PFL on July 25, where we received hundreds of questions. While we didn’t have the opportunity during the webinar to address all the inquiries that we received, we noted afterwards that many employers raised the same questions. Accordingly, this article is dedicated to answering some of the most frequently asked questions we received. We hope this follow-up will be helpful to employers in preparation for the launch of PFL in 2018.
This batch of questions and answers focuses on taking leave to provide care for a family member with a serious health condition.
Q: Can I use PFL to care for my family member with a serious health condition, if the family member lives in a different state?
A: The PFL regulations are not entirely clear on this point. However, the Workers’ Compensation Board (WCB) takes the position that an eligible employee may take PFL to care for a family member who lives in another state. The key here is that the employee is in “close and continuing proximity to the care recipient,” which the WCB has interpreted to mean in the same general location as the family member receiving the care. So, for example, if an employee requests PFL to care for a grandparent living in Texas, the employee would need to physically go to Texas to provide care in order to be covered under the PFL.
Q: What constitutes “providing care” for a family member with a serious health condition?
A: Providing care includes necessary physical care, assistance with essential daily-living matters, assistance in treatment, and personal-attendant services. It also includes emotional support, visitation, transportation, and/or arranging for changes in care.
Q: Can I take PFL to care for an adult child?
A: Yes. Unlike the FMLA, which contains limits on an individual’s ability to take leave for an adult child, the PFL permits a qualified employee to care for any child with a serious health condition, regardless of the child’s age.
Kerry Langan and Caroline Westover are labor and employment law attorneys at Bond, Schoeneck & King, PLLC in Syracuse. This viewpoint article is drawn from the firm’s New York Labor & Employment Law Report blog. Contact Langan at klangan@bsk.com and Westover at cwestover@bsk.com.
