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ALERT: Paid Family Leave Proposed Regulations Released

Staff Contacts: Frank Kerbein, Lev Ginsburg
February 22, 2017

Earlier today, the NYS Workers Compensation Board and the NYS Department of Financial Services released proposed rules regarding the implementation and administration of New York’s new Paid Family Leave law. As you know, this law is scheduled to take effect January 1, 2018 and is the most expansive paid family leave law in the nation. The law applies to employers of one or more employees and, when fully implemented, will provide up to 12 weeks of paid leave for an employee to care for a family member with a serious health condition, the birth or adoption of a child, or for a qualified military exigency.

The proposed rules from the Workers Compensation Board (WCB) address the administration of employee leave including eligibility, notice requirements, medical certification, reinstatement rights, health insurance continuation, and coordination with FMLA and other laws. You can read the proposed WCB rule here.

The Department of Financial Services (DFS) has released proposed rules that establish minimum standards for the form and rating of family leave benefits coverage. The proposed rules establish that the benefits coverage will be community rated, establishes procedures for establishing the community rate, relate to the content and sale of policy forms for the family leave benefits coverage, and authorizes the superintendent to set the maximum employee contribution for family leave benefits coverage. You can read the proposed DFS rule here.

In both cases, public comments on the rule will be accepted until April 8, 2017. The Business Council staff will be conducting an in-depth analysis of the proposed regulations, identifying our concerns, and submitting comments to the WCB and DFS.

We appreciate your feedback. Please submit your comments/concerns regarding the proposed rules to us as soon as possible. For feedback related to the WCB proposed rules, please contact Frank Kerbein at (518) 465-7511, ext. 210. For feedback related to the DFS proposed rules, please contact Lev Ginsburg at (518) 465-7511, ext. 207.