Paid Family Leave

Paid Family Leave Insurance

Capital Gate Insurance can evaluate your PFL requirements and quickly quote your Paid Family Leave and Disability Insurance policy today! ***REMEMBER, not all rates are the same for this coverage, so letting our skilled agents review your policy to provide a quote direct from Capital Gate can potentially save you a lot of money. Make sure you are in full compliance with the law and contact us today at (518) 389-2610 or click with a few details and we will make it easy for you!

What information do I need to know about Paid Family Leave Insurance?

Starting January 1, 2018, nearly all private employees in New York State will be eligible for Paid Family Leave.

Insurance coverage for Paid Family Leave benefits generally will be added to an employer’s existing disability benefits policy. Paid Family Leave coverage is funded by employee payroll contributions.

Coverage includes:

  • paid time off for 8 weeks in 2018, increasing to 12 weeks by 2021;
  • job protection upon return from Paid Family Leave; and 
  • continuation of health insurance while out on Paid Family Leave. 

How much should employers deduct from employees?
The 2018 payroll contribution is 0.126% of an employee’s weekly wage and is capped at an annual maximum of $85.56. If an employee earns less than the New York State Average Weekly Wage ($1305.92 per week), they will have an annual contribution amount less than the cap of $85.56, consistent with their actual weekly wages.

For example, in 2018, if an employee earns $27,000 a year ($519 a week), they will pay 65 cents per week.

What do employers do with the money deducted from employees? 
The employee contributions that are withheld for Paid Family Leave are to be used to pay for the insurance.

If an employee/employment type is excluded from disability, are they included in Paid Family Leave?
The definitions of employment and employee are the same in the Workers’ Compensation Law for disability and Paid Family Leave. If they are not included in the disability policy, they won’t be included in Paid Family Leave, either.

Who is required to participate in Paid Family Leave?
Participation is required for private employers with one or more employees; public employers may opt in to provide the benefit.

How does Paid Family Leave work with other types of leave?

Family Medical Leave Act (FMLA): If an employee has an event that qualifies for leave under both FMLA and Paid Family Leave the employer is covered under both laws, the leave should run concurrently. In order for the two types of leaves to run together, the employer must notify the employee that the leave qualifies for both FMLA and Paid Family Leave and that it will be designated as such.

Short-term Disability: Employees cannot take short-term disability and Paid Family Leave at the same time. However, if the employee qualifies for short-term disability (for example, after giving birth), they may take short-term disability and then Paid Family Leave. Employees cannot take more than 26 weeks of combined short-term disability and Paid Family Leave in a 52-week period.

Workers’ Compensation: If an employee is collecting workers’ compensation for a total disability, they cannot take Paid Family Leave. If they are on a reduced earnings schedule, they may still be eligible for Paid Family Leave.

Maternity Leave/Paternity Leave: It is up to the employer to determine how Paid Family Leave works with their other leave policies.

Types of Qualifying Paid Family Leave

When requesting Paid Family Leave, you will need to file a Request for Paid Family Leave form as well as documentation in support of your Paid Family Leave request. The specific documentation required varies based on the type of leave, as outlined below:

For the Birth of a Child:

The birth mother will need the following documentation:

Birth certificate, or

Documentation of pregnancy or birth from a health care provider (includes mother’s name and due/birth dates)

A second parent will need the following documentation:

Birth certificate, or if not available, a voluntary acknowledgment of paternity or court order of filiation; or

A copy of documentation of pregnancy or birth from a health care provider (includes mother's name and due/birth dates) and a second document verifying the parent's relationship with the birth mother or child

For Foster Care:

Letter of placement issued by county or city department of social services or local voluntary agency

If second parent is not named in documentation, a copy of that document plus a second document verifying relationship to the parent named in the foster care placement

For Adoption:

Legal evidence of adoption process

If second parent is not named in legal documents, the second parent must provide a copy of the legal evidence of adoption process and a second document verifying the relationship to the parent named in the document

For Leave to Care for a Serious Medical Condition:

Certification from the care recipient's health care provider

For Military-related Leave:

US Department of Labor Military Family Leave Certification (Federal Military Leave Form)

Copy of Military Duty Papers

Other documentation supporting the reason for the leave (copy of meeting notice or other meeting documentation, ceremony details, rest and recuperation orders, etc.)

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