NY Paid Family Leave (PFL)

NYS DBL & PFL Comparison

To Get PFL Quote: Contact INFO@LIDAC.COM

New York State DBL & PFL

Benefit Comparison

Eligibility State Disability Paid Family Leave 
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Minimum Employees Employers with One (1) or more covered employee(s) Employers with One (1) or more covered employee(s)
Employee Eligibility All active full or part time employees working any time specified by their employer during a normal work week. All active full or part time employees who maybe regularly scheduled to work for a covered employer in accordance with the PFL law.
Full-Time Employee Qualifications An employee regularly scheduled to work at least 4 consecutive weeks for any covered employer(s) An employee regularly scheduled to work 20 hours or more per week for a minimum of 26 consecutive weeks at their current employer 
Part-Time Employee Qualifications An employee regularly scheduled to work a minimum of 25 work days at any covered employer(s) An employee regularly scheduled to work less than 20 hours per week  for a minimum of 175 days at their current employer 
Personal or Domestic Employees An employee regularly scheduled to work at least 40 hours a week for 30 or more days in a calendar year for the same employer An employee regularly scheduled to work at least 40 hours a week for 30 or more days in a calendar year for the same employer
Eligibility Carry-Over Qualification If an employee changes jobs from one (1) covered employer to another, their time worked is carried over. Alternatively, if their previous employer was exempt under the NY  If an employee changes jobs from one (1) covered employer to another, their time worked may not be carried over
Married Couples Not Applicable  An employee and spouse working for the same employer, may be denied PFL benefits that are requested for the same time period to care for the same family member, bond with a child or military leave. 
Same Family Member Not Applicable  Members of the same family working for the same employer, may be denied PFL benefits that are requested for the same time period to care for the same family member, bond with a child or military leave. 


Benefit Comparison

Benefits & Features State Disability Paid Family Leave 
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Group Classes of Employers In accordance with the NYS DFS and WCB regulations all covered employers are subject to one (1) class regardless of the number of employees. In accordance with the NYS DFS and WCB regulations all covered employers, subject to the following group classes. A) 49 Lives or less B) 50 to 499 Lives; C) 500 plus Lives  
Sole Proprietor, Partners, Members of an LLP or other self-employed May elect to be covered under New York DBL, subject to carrier underwriting and approval. May elect to be covered under NY PFL benefits when covered for NY DBL, subject to carrier underwriting and approval and a waiting period of up to 2 years prior to benefits being paid.

Employee Contributions

.5% of the employee weekly wage not to exceed $.60 per week or $31.20 annually. Employer may elect to pay all or some of the contribution on behalf of their employees. $.126% of the employee weekly wage not to exceed $85.56 annually, subject to change by the Department of Financial Services every year. Employer may elect to pay all or some of the contribution on behalf of their employees.
Conditions for Disability or Leave Employee illness or injury as may be approved by their attending physician  To bond with a newborn, adopted or foster care child during the first 12 months of the event date; To care or assist a family member who may have a serious illness; To care or assist a family member related to military service
Waiting Period 

Seven (7) Days for Accident 

Seven (7) Days for Sickness 

Benefits commence of the 8th day 

None, benefits commence of the 1st day of a qualified approved paid family leave
Benefits / Duration

State Disability

Paid Family Leave 

Jan 1, 2018


Jan 1, 2019


Jan1, 2020


Jan 1, 2021

The Benefit is 50% of an employee average weekly wage (AWW) up to maximum of $170 per week.

The Duration will be 26 weeks in a consecutive 52-week period, less any days taken for any approved Paid Family Leave within the same 52 week period.

50%of an employee's average weekly wage not to exceed $1,305.92 for Up to 8 weeks.

55%of an employee's average weekly wage not to exceed $1,305.92 (est.)for Up to 10 weeks.

60%of an employee's average weekly wage not to exceed $1,305.92 (est.)for Up to 10 weeks.

67%of an employee's average weekly wage not to exceed $1,305.92 (est.)for Up to 12 weeks.

If combined with DBL, not to exceed 26 weeks.

Paid Time Off (PTO) or Vacation Time

Benefits are not reduced by PTO or Vacation Time, when collecting DBL while on paid vacation.

Benefits may not be payable, if employee is receiving PTO, Vacation Time or Sick Time during the same period of Paid Leave. 

Maternity / Pregnancy

Maternity is treated the same as any other disability and eligible for benefits.

Maternity is covered for the care and bonding of a birth child not at the same time as DBL.

Other Benefit Offsets 

Benefits may be off-set by salary continuation, sick pay or short term disability benefits as paid by the employer during the same period. 

Benefits may be off-set by salary continuation, sick pay or short term disability benefits as paid by the employer during the same period. 

Job Protection 

No

YES, for all covered employers with one or more employees (not subject to FMLA)

 

Benefit Comparison

Administration State Disability Paid Family Leave 
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Family Leave Waiver Not Applicable 

Employers must offer a waiver form when;
• An employee is regularly scheduled to work 20 hours or more per week, but less than 26 consecutive weeks; Or
• An employee is regularly scheduled to work less than 20 hours per week and they will work less than 175 days in a 52 consecutive week period.

Out of State Employees

Employers may elect to extend their NY DBL coverage on behalf of their employees in other non-statutory states, subject to carrier underwriting rules and approval in accordance with NYS  WCB guidelines. Employers may elect to extend their NY PFL coverage on behalf of their employees in other non-statutory states, subject to carrier underwriting rules and approval in accordance 
Required Documentation  Covered employers will maintain the following: Policy Contract, Certificate of Insurance, Posting Notice, Claims Forms and Bulletins. Covered employers will maintain the following: Policy Contract, Certificate of Insurance, Posting Notice, Claims Forms and Bulletins.
Employer Claim Reimbursement Yes, the employer may request to be reimbursed, when an employee on disability is paid salary continuation. Yes, the employer may request to be reimbursed, when an employee on disability is paid salary continuation.
Policy Premium Funding Method Fully Insured or Self Insured (ASO)

Fully Insured or Self Insured

(Must be Funded the Same as NY DBL)

Family Medical Leave FMLA Employers with 50+ employees: benefits run concurrently. Employers with 50+ employees: benefits run concurrently.
Collectively Bargained Employees  A covered employer shall be relieved of providing NYDBL under WCB Law, if their employees are  covered under a collective bargaining agreement.  A covered employer shall be relieved of providing NYDBL under WCB Law, if their employees are  covered under a collective bargaining agreement.
Social Security and Medicare Benefits paid to an employee as a result of a disability are subject Social Security and Medicare (FICA) withholding.   PFL benefits paid to an employee may not be subject to Social Security and Medicare (FICA) taxes.
State Income Tax Benefits paid to an employee as a result of a disability are income taxable, subject to the amount of contributions paid by the employer. PFL benefits will be exempt and may not be, subject to New York State income taxation.
Federal Income Tax Benefits paid to an employee as a result of a disability are income taxable, subject to the amount of contributions paid by the employer. PFL benefits are treated similar to unemployment compensation, subject to Federal income tax.  Ask your tax advisor. 

 

Important

This benefit comparison is provided for illustrative purposes highlighting some of the criteria as may be applicable to the NYS DBL and PFL Law, effective January 1st. 2018. LiDAC and its representatives make no representations as to the complete applicable eligibility, benefits, durations, rates, limits, terms and conditions and or other related details as may be required under the NYS DBL and PFL Law. Specific details related to these benefits may change based on New York State review, approval and release of regulatory guidelines applicable to eligible covered employers, employees and / or insurance companies, who are subject to the NYPFL law. The highlights contained in this illustration should not be interpreted as legal, tax or accounting advice. Brokers and employers should consult with their legal counsel or tax advisor for a final determination.

For additional information and or assistance on The New York Paid Family Leave and / or The NY Statutory DBL, please contact LiDAC representative @ 516-482-2696 or info@LiDAC.com 
PFL vs DBL Chart: 08-01-17