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Statutory Benefits

NY Paid Family Leave For Public Employers

While Paid Family Leave (PFL) is a required benefit in New York State for private sector employers, employers in the public sector have to opt-in for this coverage – similar to DBL (NY State short-term disability).

 

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Learn more about other coverage circumstances:

How Public Employers Can Opt-In To
Provide Family Leave

Generally, as a public employer, you can opt-in to provide Paid Family Leave by:

  • submitting an application (Voluntary PFL Coverage Form) and plan to the Workers’ Compensation Board (WCB).
    • PF-135 for non-contributory groups (no contribution from employees, i.e., you pay the entire premium).
    • PF-136 for contributory groups (fully or partially funded by your employees).
  • along with providing notice to your employees at least 90 days before collecting employee contributions.

The steps for adding Paid Family Leave vary depending on whether you already provide voluntary DBL or not. Let’s focus on what this looks like for public employers with active, voluntary DBL coverage:

 

Public employers with voluntary DBL

As a public sector employer – even though you already have voluntary statutory short-term disability (DBL) – you still have to actively elect PFL coverage if you want to provide this benefit for your employees. Paid Family Leave will not be issued automatically for public sector employers with voluntary DBL coverage. Assuming that you don’t self-insure, once you add Paid Family Leave, it will typically be issued as a rider to your DBL policy.

Whether you decide to add PFL or not, you must notify the Workers’ Comp Board (WCB) of your decision.


If you opt-in for Paid Family Leave

  • Send a formal notice via email to the WCB at PAU@wcb.ny.gov stating that you do plan to provide PFL to your employees.
  • Notify your DBL insurance carrier of your decision.
  • Notify your employees.
    • Participation of unionized employees is subject to negotiation. If you choose to provide PFL to union members, engage their union(s) to negotiate the terms of their participation.


If you choose not to opt-in for Paid Family Leave

  • Send a formal notice via email to the WCB at PAU@wcb.ny.gov stating that you do not plan to provide PFL to your employees.
  • Notify your DBL insurance carrier of your decision.
  • Notify your employees.

Public Employers Without Current DBL Coverage

If you opt-in for Paid Family Leave

  • Complete the application (Voluntary PFL Coverage Form)
    • PF-135 for non-contributory groups (no contribution from employees, i.e., you pay the entire premium).
    • PF-136 for contributory groups (fully or partially funded by your employees)
  • Email the completed application to PAU@wcb.ny.gov
  • Participation of unionized employees is subject to negotiation
  • Please note: While NY State allows for PFL stand-alone coverage, ShelterPoint does not currently offer PFL-only policies and only provides PFL as a rider to DBL

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PFL Expert Tip:

Voluntary coverage must be maintained for at least 1 year. If you decide to discontinue voluntary coverage, you must provide at least 12 months’ written notice to the WCB and all your public employees who have been making contributions.

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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