New York’s Paid Family Leave Program Will Require Employers to Update Their Leave Policies (September 2017)

In 2016, Governor Cuomo signed the Paid Family Leave program (“PFL”), to take effect on January 1, 2018. The law shares several broad similarities with the federal government’s Family and Medical Leave Act (“FMLA”); some of the distinctions, however, will require employers to update their policies regarding leave.

The PFL and FMLA (collectively, “Acts”) are similar in that they both provide a leave of absence for eligible employees as a result of a family member’s “serious health condition,” the birth or adoption of a child, or military service. The Acts protect employees against termination for taking this leave and require that employers maintain employees’ health insurance benefits, though they do not mandate that either seniority or other benefits accrue during the leave period. Both Acts require that employees give their employers notice and adequate medical certification. The Acts both require that they run concurrently, unless the employer allows for an alternative arrangement, or one of the requirements for either the FMLA or PFL is not met.