When it comes to employee leave options, it can get complicated quickly. With the different available types of employee leave and specific requirements for each one it is important that employers in New York understand what options are available to their employees.
Employee Leave Options in New York
Employees in New York State have options afforded to them through both Federal and State Programs when it comes to employee leave options.
Federal Employee Leave in New York
The Family Medical Leave Act (FMLA) is a Federal leave designated to eligible employees to use for their own serious health condition, child bonding, care for a seriously ill qualifying relative, or for exigency related to military duty.
Here is what New York State businesses should know about FMLA:
- Employees are eligible for this option only if they have completed 1 year of service with their employer and 1,250 hours of work within the past 12 months. FMLA provides employees with unpaid job protection on an intermittent or continuous basis for up to 12 weeks in a 12-month period (Calendar Year or Rolling 12 Month Period depending on this business).
- An FMLA leave notice must be posted in your workplace. When an employee requests FMLA, employers must provide to them an eligibility notice & rights and responsibilities notice (combined), and a designation notice if approved, along with information on any leaves that follow or run concurrently.
- A covered employer under FMLA may be a private-sector employer, a public employer, or a school. An employer is covered if they employ 50 or more employees in 20 or more workweeks in the current or previous year. This leave option may overlap with other available leaves, should the employee qualify for additional leave benefits.
New York State Employee Leave
Under New York Labor Laws, there are a few different types of leave that businesses should be aware of.
- NYS Paid Family Leave (PFL)
- NYS Sick Leave
- NYS Disability Leave (DBL)
- Jury Duty Leave
- Military Leave
- Voting Leave
- Worker’s Compensation
- Local Laws
- And More
New York State Paid Family Leave (PFL)
NYS Paid Family Leave (PFL) is a State leave designated to eligible employees to use for child bonding, care for a seriously ill qualifying relative, or for exigency related to military duty.
Here is what New York State businesses should know about PFL:
- Employees are eligible for this option only if they have worked 26 consecutive weeks in a full-time capacity or 175 days in a part-time capacity. PFL provides employees with paid, job-protected leave on a continuous or intermittent basis of up to 12 weeks in a calendar year. Employees taking PFL will receive 67% of their average weekly wage of the current New York State Average Weekly Wage.
- A notice of compliance must be posted in your workplace, as well as notification to employees in writing. When an employee needs PFL, the employer must supply to them an application and a statement of their rights under PFL. Once completed by all parties, employees can submit the paperwork to the PFL carrier themselves, or the employer can submit it on the employee’s behalf. PFL can overlap with FMLA, if the employer is covered under FMLA and if the employee qualifies for FMLA. This leave option cannot overlap with NYS Disability.
- A covered employer under NYSPFL is most private employers with one (1) or more employees.
New York State Sick Leave
NYS Sick Leave is a State leave designated for eligible employees to use for paid or unpaid leave each year depending on the size and income of their business.
Here is what New York State businesses should know about New York State Paid Sick & Safe Leave Law:
- Employers in New York State are required to provide all employees in the state, regardless of employees' occupation, class, etc., with 40 to 56 hours of leave each year
- Leave is paid or unpaid as follows
- Less than five employees and an annual income of $1 million or less, requires a minimum of 40 unpaid hours of leave annually
- Less than five employees and an annual income of over $1 million, requires a minimum of 40 paid hours of leave annually
- Five employees to 99 employees requires a minimum of 40 paid hours of leave annually
- 100 or more employees requires a minimum of 56 paid hours of leave annually
- Accrual is one hour of sick leave for every 30 hours worked
- Carry-Over is allowed
- There are usage requirements regarding when leave may be taken
New York State Disability Leave (DBL)
NYS Disability Leave (DBL) is a State leave designated to eligible employees to use for their own, non-work-related disability, including recovery from childbirth.
Here is what New York State businesses should know about New York State Disability Leave:
- Employees are eligible for DBL only if they have completed four (4) consecutive weeks of work. DBL is a paid, non-protected job leave on a consecutive basis up to 26 weeks. When an employee requests disability leave, employers must provide them with an application and a statement of their rights under disability. Once completed by all parties, the employer should submit to the disability carrier. DBL can overlap with FMLA. This leave option cannot overlap with PFL.
- A covered employer is an employer who has in employment one (1) or more employees.
- Additionally, it is important to note that there is a seven-day waiting period for which no benefits are paid. Benefits begin on the eighth consecutive day of the employee’s disability.
Jury Duty Leave
Employers must allow employees time off from work to serve as jurors.
Employers may not discipline or take adverse action against an employee in any way for needing time off for jury duty. Employees are not required to use any form of leave or vacation time.
Military Leave
Businesses must restore eligible employees returning from leave to their former position, or a position of similar seniority, status, and pay.
Voting Leave
Employees must receive two hours of voting leave for any election if they don’t have time outside of work hours to vote.
Sufficient time is considered to be four hours.
Worker’s Compensation
Worker’s Compensation is a State leave designated to eligible employees to use for employee's own work-related disability.
Here is what New York State businesses should know about New York State Worker’s Compensation:
- Employees are eligible for this option upon hire. Employees are afforded paid, non-protected job leave on a continuous basis depending on the injury and lost wages.
Upon injury, an employer must notify their carrier and an application must be filled out by all parties and submitted to the carrier.
This leave option can overlap with FMLA.
Local Laws
Businesses should be aware of any local laws that may impact their business. Some of these include:
- New York City Sick Leave
- Westchester County Sick Leave
- Westchester County Safe Leave
New York also has leave laws for crime and domestic violence victims, as well as leave for blood donors and bone marrow donors.
Tips for Employee Leave Compliance in New York
Because of the difference in time to submit applications depending on the leave option and situation, we always recommend touching base with your insurance carriers regarding steps to be taken when it comes to leave for your employees.
This will ensure all necessary paperwork is provided and completed within the timeframes designated for each option based on the employee’s situation.
If you need advisement on completing leave paperwork or determining employee eligibility for specific leaves, consider reaching out to a New York HR Company for assistance.
To learn more about the customizable HR service packages from EBC HCM, contact us today. Or, take a look at some of our pre-built packages below.
