Paid Family Leave Category Archives — New York Employment Attorney Blog Published by New York Employment Lawyers

In many parts of the U.S., the availability of paid family leave to care for a newborn is entirely dependent on one’s employer. Ensuring that employers with family leave policies apply them fairly is often a matter of enforcing laws against discrimination on the basis of factors like pregnancy or gender. New York City discrimination attorneys do not have to go that far much of the time thanks to the state’s paid family leave law, which took effect in 2018. Even if an employee is not eligible for leave under the new state law, New York City’s prohibition on caregiver discrimination may offer protection against adverse employment actions. Both state and city law make no distinction based on gender—mothers and fathers alike can claim family leave and caregiver status. A recent settlement in a lawsuit against a New York City-based financial firm suggest that the country may soon be ready to follow in the city’s footsteps.

The New York City Human Rights Law (NYCHRL) defines a “caregiver” as someone who is responsible for supporting a minor child or certain other individuals. This obviously includes parents of children under the age of eighteen. The law prohibits employers from discriminating against employees and job applicants on the basis of caregiver status. It does not necessarily require that employers provide accommodations for employees with caregiver responsibilities, but it still provides workers with important protections.

The paid family leave law applies to both full-time and part-time workers once they have worked for a minimum period of time. They must start over with regard to minimum days or weeks worked when they start working for a new employer. Starting in 2019, the law allows eligible employees to take up to ten weeks of leave to bond with a new baby. An individual must take advantage of this program within twelve months of the child’s birth. It expressly applies to any new parent, regardless of gender. Both of a child’s parents may take paid family leave if they meet the eligibility criteria. Benefits are payable through employers’ disability insurance.
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The United States is one of the only countries in the world with no provisions for paid family leave at the national level. The Family and Medical Leave Act (FMLA) provides for unpaid leave nationwide, but it only applies to qualifying employees of covered employers. New York is one of only a handful of states or territories in the U.S. to have enacted laws requiring paid family leave. When New York’s Paid Family Leave Act (PFLA) took effect in 2018, this state joined California, New Jersey, and Rhode Island. The District of Columbia and the State of Washington have also enacted paid family leave laws, which are scheduled to take effect in 2020. New York City employment attorneys may be accustomed to handling claims of discrimination and retaliation under the FMLA. The PFLA also contains provisions protecting employees who exercise their rights to paid leave.

“Family leave” generally refers to time away from work to care for a newborn or newly-adopted child, to care for a family member with a serious illness or injury, and to provide certain other forms of care for family members. Under laws mandating family leave, employers must hold a person’s job for the approved leave period, and they typically must continue to provide benefits like health insurance. Employers are prohibited from discriminating or retaliating against an employee who uses earned leave time.

Since the FMLA does not require employers to pay their employees while they are on leave, the statute does not have to address issues of funding. A common objection to mandatory paid family leave is that it is unfair to employers to require them to pay employees for time when they are not working. The PFLA makes paid family leave part of the state’s disability insurance program, which is governed by the New York Workers’ Compensation Law. Paid family leave in New York is therefore only available to employees who are eligible for benefits from the state insurance fund. See N.Y. Work. Comp. L. § 76(2).
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Articles Posted in Paid Family Leave

New York’s Paid Family Leave Allows Either or Both Parents to Take Time to Care for Newborns

Understanding Paid Family Leave in New York