Stephanie Haber
/ Categories: Eligibility

Paid Family Leave for the Public Employer

November 17, 2017

PFL Public Teacher

 

Paid Family Leave law takes effect in New York State on 01/01/18 as mandatory for private sector employers. Similar to DBL, employers in the public sector have to opt in for this coverage. 

Generally, as a public employer, you can opt in to provide PFL by

  • submitting an application (Voluntary PFL Coverage Form) and plan to the 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 PFL 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. PFL will not be issued automatically for public sector employers with voluntary DBL coverage. Assuming that you don’t self-insure, once you add PFL, it will 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) by 12/01/2017 of your decision.
 

If you opt in for PFL

  • Send a formal notice via email to the WCB on or before December 1, 2017 at PAU@wcb.ny.gov stating that you do plan to provide PFL to your employees in 2018. 
  • Notify your DBL insurance carrier of your decision.
    • If you are a ShelterPoint policyholder, you can email customerservice@shelterpoint.com
  • 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 PFL

  • Send a formal notice via email to the WCB on or before December 1, 2017 at PAU@wcb.ny.gov stating that you do not plan to provide PFL to your employees in 2018. 
  • Notify your DBL insurance carrier of your decision.
  • Notify your employees.
  • Even if you choose not to opt in by December 1, 2017, you can do so at a later date.

 

Public Employers without current DBL coverage

If you opt in for PFL

  • 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.a
  • Please note:  While NY State allows for PFL stand-alone coverage, ShelterPoint does not currently offer PFL-only policies.

 

If you choose not to provide PFL

If you’re currently not providing DBL and are not planning to provide PFL either, you don’t need to do anything.

 

 

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.

 


This blog post 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 PFL information is as of the blog post’s date stamp; it is based on the applicable statutes and regulation,  and may change as regulations evolve or NY State issues guidance regarding Paid Family Leave regulations. Have more questions? Email us at pflquestions@shelterpoint.com

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