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What You Need to Know about NYPFL and FMLA

HR manager reviewing the differences between NYPFL and FMLA.

The New York Paid Family Leave (NYPFL) Law* became effective January 1, 2018. If you are an employer with 50 or more employees in New York, you will now need to comply with the federal Family and Medical Leave Act (FMLA) and the new NYPFL.

Key differences to consider

  NYPFL FMLA
ELIGIBILITY

- Employees who work 20 or more hours per week for 26 consecutive weeks

- Employees who work less than 20 hours per week for 175 workdays (does not need to be consecutive)

- Employees who work for 12 months (does not need to be consecutive)

- Work 1,250 hours within the last 12 months

- Work at a site with 50 employees in a 75-mile radius

REASON FOR LEAVE Covers leave to care for an ill grandparent, grandchild, domestic partner and parent-in-law in addition to an ill child, parent or spouse.  Does not consider leave for an ill grandparent, grandchild, domestic partner and parent-in-law as a qualified reason for leave.
INTERMITTENT LEAVE Must be taken in full day increments to be paid.  Can be taken less than a full day, down to the smallest increment your companies’ payroll will process for other leave types.
DURATION OF LEAVE 8 weeks of paid leave** which is also job-protected and health benefits-protected that increases over the next 4 years maxing at 12 weeks.  12 weeks of unpaid job-protected and health benefits-protected leave.

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We can help manage it all

Staying on top of employee leaves can be a challenge for even the most seasoned Human Resources team. We can help reduce the burden and enhance compliance through integrated management of federal and state leaves, statutory disability and short term disability (STD). Our Guardian AbsenceWorks® program advantages are:

  • One intake for FMLA, NYPFL, STD and NY Disability Benefits Law (statutory) leaves
  • Integrated eligibility determination for FMLA and NYPFL
  • Expert management by dedicated Guardian Leave Managers using industry leading software
  • Services backed by compliance specialists and attorneys specializing in the latest federal and state leave laws
  • Communications to employees and employers of rights and responsibilities throughout the process in accordance with various leave laws
  • Detailed employer reporting available 24/7
  • Assistance with internal employer policy review and recommendations on best practices

Contact your broker or Guardian Group Sales Representatives for more information.

Overview

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Infographic: Managing FMLA
The Cost of FMLA Mismanagement

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