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Legislative Memo

Lev Ginsburg
Director of Government Affairs
T 518.465.7511
www.bcnys.org

BILL:

S.905 (Amedore) / A.8012 (Fahy)

Support

SUBJECT:

Unemployment Experience Rating under PFL

 

DATE:

February 3, 2017

 

The Business Council supports S.905 (Amedore) / A.8012 (Fahy) which attempts to remedy one of the many unanswered questions and issues faced by New York’s employers after the mandate of the paid family leave program.  This legislation ensures that an employer will not be penalized for the dismissal of a temporary employee, hired to fill-in for an employee who is talking paid family leave time.

The FY 2016-17 budget, which included a mandate on employers to provide paid family leave failed to address the effect on an employer’s experience rating in the unemployment insurance system in instances when a claimant’s employment ends as the result of the return of another employee after family leave.  This bill guarantees that an employer in this position is not penalized.

In light of the fact that regulations outlining paid family leave have not been yet been finalized and employers are left scrambling for answers to a multitude of questions on the program, this legislation sheds some important light on a program that has thus far been a mystery to employers.

For these reasons, The Business Council supports legislative approval of S.905 (Amedore) / A.8012 (Fahy).