Paid Family Leave Statement of Rights
If you need to take time off from work to care for a family member, you may be entitled to Paid Family Leave benefits.
Paid Family Leave is employee-funded insurance that provides eligible employees job-protected, paid time off to:
- BOND with a newly born, adopted or fostered child;
- CARE for a family member with a serious health condition (see paidfamilyleave.ny.gov for eligible family members); or
- ASSIST loved ones when a spouse, domestic partner, child or parent is deployed abroad on active military service. Paid Family Leave may also be available for use in situations when you or your minor dependent child are under an order of quarantine or isolation due to COVID-19. See PaidFamilyLeave.ny.gov/COVID19 for full details.
- If you have a regular work schedule of 20 or more hours per week, you are eligible after 26 consecutive weeks of employment with your employer.
- If you have a regular work schedule of less than 20 hours per week, you are eligible after working for your employer for 175 days, which do not need to be consecutive.
Citizenship or immigration status is not a factor in your eligibility.
You can take up to 12 weeks of Paid Family Leave and receive 67% of your average weekly wage, capped at 67% of the New York State Average Weekly Wage. Generally, your average weekly wage is the average of your last eight weeks of pay prior to starting Paid Family Leave. Leave can be taken all at once or intermittently, but must be in full-day increments.
Rights and Protections:
- Job protection: Return to the same or comparable job after you take leave.
- You keep your health insurance while on leave (you may have to continue paying your portion of the premium costs, if any).
- Your employer is prohibited from discriminating or retaliating against you for requesting or taking Paid Family Leave.
If your Paid Family Leave claim is denied, you may request to have the denial reviewed by a neutral arbitrator. The insurance carrier listed below will provide you with information about requesting arbitration.
If your employer terminates your employment, reduces your pay and/or benefits, or disciplines you in any way as a result of you requesting or taking Paid Family Leave, you may request to be reinstated by taking these steps:
- Complete the Formal Request for Reinstatement Regarding Paid Family Leave (Form PFL-DC-119).
- Send your completed form to your employer and a copy of the completed form to: Paid Family Leave, P.O. Box 9030, Endicott, NY 13761-9030
- If your employer does not reinstate you or take other corrective action within 30 days, you may file a discrimination complaint with the Workers’ Compensation Board using the Paid Family Leave Discrimination/Retaliation Complaint (Form PFL-DC-120). The Workers’ Compensation Board will assemble your case and schedule a hearing.
- There are other state and federal laws that protect employees from discrimination. Additional information is available at PaidFamilyLeave.ny.gov.
Paid Family Leave Request Process:
- Notify your employer at least 30 days in advance, if foreseeable, or as soon as possible.
- Complete and submit the Request for Paid Family Leave (Form PFL-1) to your employer.
- You must submit your completed request package to your employer’s insurance carrier within 30 days after the start of your leave to avoid losing benefits.
- In most cases, the insurance carrier must pay or deny benefits within 18 calendar days of receiving your completed request or your first day of leave, whichever is later.
You may obtain all forms from your employer, their insurance carrier listed below, or online at PaidFamilyLeave.ny.gov/Forms.
For more information, forms and instructions, visit PaidFamilyLeave.ny.gov or call the PFL Helpline (844)-337-6303
This information is a simplified presentation of your rights as required by Section 229 of the Disability and Paid Family Leave Benefits Law.
PRESCRIBED BY THE CHAIR, WORKERS’ COMPENSATION BOARD, NYS Paid Family Leave, PO Box 9030, Endicott, NY 13761