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Statutory Benefits

NY Paid Family Leave: Out-Of-State Coverage

Can Employees Outside Of New York State Be Covered For NY Paid Family Leave?

In essence, out-of-state employees CANNOT be covered under the Paid Family Leave Rider – unlike with New York’s statutory disability (DBL). Although PFL is built on the DBL platform and tied to DBL, the PFL program is intended to stand alone and to insure only workers in NY.

 

Mom with new born baby at home

Learn more about other coverages:
Voluntary  
Part-Time  

Q&A on Paid Family Leave For Employees Who Live Outside NY And Paid Family Leave Coverage

We frequently receive questions about NY-based employers with employees outside of NY – most of center around these concerns:

  • Do employers who have employees outside of NY have to offer them PFL if they offer out-of-state DBL to them?
  • Can NY employers extend the coverage to those in CT if they want - just like NYSDBL?
  • What happens if you have employees in CT but the employer is located in NY?
  • What about an employer with offices in NJ and CT but is a NY corporation?
  • What about employees who work (telecommute) from home, outside of NY, for a NY employer?
  • What if we want to provide out-of-state coverage as a NY-based company, and we have employees in NJ, which is a statutory state, too?
  • My client is a contractor in NJ performing a lot of jobs in Manhattan. Do they need PFL?
On the flip side, we also hear these a lot:
  • How about employers outside NY with employees working inside New York State?
  • How about New Yorkers who work outside of New York State?
So many questions and scenarios, one simple chart to answer them all!

 

If the employer is loacted ... If employee physically work... DBL/PFL Coverage
New York New York Check mark
Mandatory* DBL & PFL
New York Outside New York

DBL Optional

  • NJ/RI/CA/PR/HI: N/A
    (need to be covered under the respective state's statutory coverage).
  • All other states: Employer can opt-in to provide out-of-state coverage on a voluntary basis.**
Red cross mark
n/a PFL
Outside New York New York

Check mark

Mandatory* DBL & PFL

Outside New York Outside New York Red cross mark
n/a DBL & PFL

*If employing at least 1 employee for 30+ days each in a calendar year in New York whether working at a local NY work site or working remotely from NY (for example, telecommuting from home in NY.)

**Optional coverage must be provided to all eligible employees by the employer; it is not on an individual basis.



In Essence:

Coverage is based on where an employee physically works, not where the employee lives. While NY-based employers can choose to provide optional DBL coverage for their out-of-state employees, they cannot provide Paid Family Leave out-of-state. And employers headquartered outside of New York need a DBL/PFL policy for their New York employees if they employ one or more individuals for at least 30 days each in a calendar year in New York State.

The ABCs of PFL

Our in-depth guide provides everything you need to know about Paid Family Leave in New York. Here’s what you’ll find inside this 33-page guide:

  • PFL basics
  • Eligibility
  • Benefit eligibility and qualification period details
  • Benefits - updated for 2021
  • Claims
  • Premium - updated for 2021
  • Example withholdings - updated for 2021
  • Employer responsibilities
  • How PFL compares to DBL & FMLA
  • Tips from your PFL Experts
  • …And much more!
Download your copy now

 

 

ABCs of PFL brochure cover

Family bonding
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The ShelterPoint family of companies operates under the “ShelterPoint” name strictly as a marketing name, and no legal significance is expressed or implied. The ShelterPoint family of companies consists of ShelterPoint Life Insurance Company, a NY-domiciled carrier, and its wholly-owned subsidiary ShelterPoint Insurance Company, a FL-domiciled carrier, depending on the state. ShelterPoint is a registered service mark.

Underwritten by:
ShelterPoint Life Insurance Company (principal office in Garden City, NY) in: NY
ShelterPoint only offers Paid Family Leave in form of a rider to DBL.
Policy Form# SPL DB0919 F

This page is for informational purposes only and is not intended to provide legal counsel. Please consult with an appropriate professional for legal and compliance advice. Any Paid Family Leave information is based on the applicable statutes and may change if guidance is issued by the State of New York.

 

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