Kat
/ Categories: Brokers, Employers, Employees

Out-of-state Coverage in One Simple Chart

November 6, 2017

Our Paid Family Leave (PFL) questions box has been buzzing with questions surrounding out-of-state coverage.  So many, that we reached out to NY State and requested clarification on whether a carrier may cover out-of-state employees under the PFL Rider as an accommodation to employers (as has historically been permitted for DBL).  Here's the decision NY State provided:
Out-of-state employees CANNOT be covered under the PFL Rider. Although PFL is built on the DBL platform, the PFL program is intended to stand alone and to insure only workers in NY.

Most questions we have received are about NY-based employers with employees outside of NY, such as:
• 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 located...

If the employee physically works...

 

...in New York State


 

...outside New York State

DBL PFL


...in New York State


mandatory*
DBL & PFL


optional

  • NJ/RI/CA/HI and PR:  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.**
n/a
PFL

 

...outside New York State

 

mandatory*
DBL & PFL

 

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 PFL 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.

Simply click the image to download a printable and sharable chart:

PFL Coverage Chart


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

Previous Article Trick or Treat With Paid Family Leave
Next Article A Fresh Perspective On The Cost Of PFL
Print
1700 Rate this article:
No rating

Name:
Email:
Subject:
Message:
x

Get the latest Paid Family Leave New York updates delivered to your inbox!