Member News

New York Releases Paid Family Leave Statement of Rights and Model Policy Language

By Christina M. Schmid (New York City) | Aaron Warshaw (New York City) | Ogletree Deakins

As we previously reported, the New York State Paid Family Leave Law (PFL) will go into effect on January 1, 2018, requiring virtually all private employers in New York to provide paid family leave benefits to eligible employees. 

Under the PFL, covered employers are required to provide information to employees about their PFL rights, either in an employee handbook or other written materials. In advance of the law’s effective date, the New York State Workers’ Compensation Board (WCB) has issued guidance to assist employers in complying with this obligation. Specifically, the WCB released a manual that identifies the topics that must be included in employee materials and provides model language that employers may wish to incorporate in such materials, as appropriate.

The WCB also issued a Statement of Rights. As outlined on the WCB’s website, employers must provide the Statement of Rights to employees whenever they take paid qualifying family leave. Employers also must provide the statement of rights to employees when they take time off from work for a PFL qualifying event but have not requested paid family leave. The WCB’s website also states that employers may elect to provide the Statement of Rights to educate employees about their rights under the PFL.

By Ogletree Deakins, a member of the EACCNY