The State of New York (NY) recently provided several forms relating to NY’s Paid Family Leave (PFL) law. As background, NY’s PFL law takes effect Jan. 1, 2018, and requires employers to provide up to eight weeks of paid leave to employees in certain situations, including bonding with a newly born or adopted/fostered child, taking care of a family member with a serious health condition or helping with a family member in connection with a military deployment. While NY has published several rounds of guidance relating to the new law (covered in past editions of Compliance Corner), employers have been anticipating the release of some of the forms relating to the PFL leave process.
Importantly, the specific form that’s required from the employee depends on the type of PFL that’s requested. Form PFL-1 (Request for Paid Family Leave) is required for any type of PFL requests from an employee. Employees will complete Part A (information on the employee, the request for leave and weekly wage information), while employers will complete Part B (information on the employer, verification of weekly wages, etc.), which must be returned to the employee within three days. Form PFL-1 is the basic information required to lodge a PFL request. Employees are then required to complete one of the other leave-specific forms (Forms PFL-2, PFL-3, PFL-4 or PFL-5), depending on the type of leave, and submit appropriate documentation (as outlined in the form). Form PFL-2 (Bonding Certification) relates to leave for bonding with a newborn or newly adopted/fostered child. Forms PFL-3 (Release of Personal Health Information) and PFL-4 (Health Care Provider Certification for Care of Family Member with Serious Health Condition) relate to leave to care for a family member with a serious health condition. Lastly, Form PFL-5 (Military Qualifying Event) relates to leave to care for a family member who’s been called for a military deployment.
NY has also published three other forms. Form PFL-Waiver (Employee Opt-Out of Paid Family Leave Benefits) should be provided to all temporary or seasonal employees who aren’t reasonably expected by the employer to satisfy the PFL eligibility requirements. While those temporary/seasonal employees may opt out of PFL benefits (and therefore wouldn’t be required to contribute PFL premiums via salary deductions), employers may not force them to do so.
The other two forms (Form PFL-135, Employer’s Application for Voluntary Coverage (No Employee Contribution) and Form PFL-136, Employer’s Application for Voluntary Coverage (Employee Contribution Required)) relate to employers that are generally exempt from the PFL requirements. The forms allow an otherwise-exempt employer to choose to provide PFL benefits to its employees, and the required form depends on whether such an employer requires employee contributions for coverage.
All of the forms are available on the NY PFL website. Employers should review their leave policies and procedures, and ensure that the forms are made available to employees (along with a notice relating to the employees’ NY PFL rights and obligations) by Jan. 1, 2018.
NY PFL Website (Available Forms) »