New York State Paid Family Leave versus Federal Family Medical Leave Act: How are they Similar, How are they Different, and Who Really Cares?
Posted on May 29, 2018 on Family and Medical Leave Act, Legal Updates, Legislative Updates, Tips of the Month by
Since January, most employers in New York are required to provide employees with Paid Family Leave. This new state law, however, did not change employers’ obligations under the Federal Family Medical Leave Act (FMLA). Thus, employers are left wondering what the similarities and differences are between the laws. Here is a helpful chart:
Similarities
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|
NY Paid Family Leave |
FMLA |
|
Benefits |
Time Off |
Time Off |
|
Reason for Leave |
Both laws allow for: Bonding with a child; Caring for a sick family member; Assisting family member when a service member is deployed abroad |
|
|
Job Protection |
Both laws provide the employee job protection while out on leave |
|
|
Health Insurance |
Both laws provide the employee continued health insurance coverage at no additional cost |
|
Differences
|
|
NY Paid Family Leave |
FMLA |
|
Benefits |
Paid |
Unpaid |
|
Coverage (i.e. which employers are covered by the law) |
All private employers; Public employers may opt in; Applies to employers with one or more employees in any calendar year |
Public and private employers; Applies to employers with 50 or more employees in a 75 mile radius |
|
Eligibility (i.e. what criteria does the employee have to meet to be eligible for leave) |
After 26 consecutive weeks of employment if regularly working 20 or more hours per week; After 175 days worked if regularly working less than 20 hours per week. |
After 12 months of employment and 1250 hours of work in the 12 month period preceding the leave |
|
Reason for Leave |
Employees cannot use for own serious health condition; Can be used to care for a child of any age |
Employee can use for own serious health condition; Can only be used to care for a child if the child is under 18 years old, or “incapable of self-care because of a mental or physical disability |
|
Length of Leave |
Can only be taken in full day increments |
Can be taken on an hourly basis |
|
Paid Time Off |
Employers cannot require employees use paid time off while on Paid Family Leave |
Employer can require employee to use paid time off while on FMLA |
Employers can run Paid Family Leave (PFL) concurrently with designated FMLA when the reason for leave qualifies under both PFL and FMLA. Eligible employees must then apply for both PFL and FMLA.
Leave administration in New York and many other states can be complicated due to various local, state, and federal laws that all allow leave for similar reasons. Employers should ensure they are determining all of the applicable leaves that may be implicated when an employee requests a leave of absence.
Brody and Associates regularly advises management on complying with state and federal employment and leave laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.