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Statutory Benefits

NY Paid Family Leave information for Part-Time
Seasonal, and Contract Employees

How NY Paid Family Leave defines
Part-Time vs. Full-Time

Let’s start by looking at how Paid Family Leave distinguishes between full and part-time employees and when an employee of a Covered Employer becomes eligible for PFL:



 

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Learn more about other coverages:
Voluntary  
Out-Of-State  
Type of employee Definition Eligible when they have worked...
Part-Time Works less than 20 hours per week . . . at least 175 days worked for the same employer (does not have to be consecutive)
Full-Time Works 20 or more hours per week . . . at least 26 consecutive weeks for the same employer in a 52-week period

NY Paid Family Leave FAQ On Coverage
For Part-Time, Seasonal, Or Contract Employees

 

Is a part-time employee considered eligible for Paid Family Leave if they work 2 days per week, but not 175 days?

The short answer: no. As you can see from the chart above, a part-time employee (someone who works less than 20 hours per week) must work at least 175 days for the same covered employer to be considered eligible. Now, those 175 days don’t have to be consecutive, but if the days worked don’t add up to 175, then the part-time employee will not be considered eligible.

How is the 175-day minimum for eligibility tracked?

Regardless of how many hours or minutes in a day a part-time employee works, if they work for a Covered Employer and get paid, that is considered a work day and will count towards the 175-day minimum required for Paid Family Leave eligibility. So, whether it’s for 10 minutes or 10 hours in a day, that day counts as a day worked for Paid Family Leave eligibility.

Paid Family Leave breaks employees into two categories: those who work 20 hours or more per week (full-time) and those who work less than 20 hours per week (part-time). But PFL does not distinguish how long in a day a person has to work for eligibility, only how many days in a year they worked. So, if that employee works at least 175 days (even if it’s only for 15 minutes to 2 hours here and there), then they would be considered eligible for Paid Family Leave.

Are seasonal employees, contract employees, or temporary employees considered eligible if they will not work 26 weeks? At what point do they become eligible if their contract or time is extended?

Let’s look at seasonal and temporary employees first. As with part-time employees, these types of employees are subject to the same requirements: if they work less than 20 hours per week, they must work at least 175 days in a year to be considered eligible. So, if you have a seasonal or temporary employee who works for 90 days in the summer, and then they come back for another 90 days in the winter, that combined 180 days would make them eligible. If they haven’t worked at least 175 days, then they aren’t eligible (assuming they didn’t waive out of Paid Family Leave or weren’t terminated and then rehired).

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

 

 

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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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