New York’s Paid Family Leave (PFL) benefit that becomes effective January 1, 2018 is on everyone’s mind. Although we’ve blogged about it this spring, the final regulations are out, so we’ll have a few more updates with information to help clarify the final regulations.
This update relates to PFL for an individual seeking to care for a child after birth or placement for adoption or foster care.
The timeframe for taking leave in all these situations is only within the first 12 months of birth or placement. Employers should require appropriate documentation as well.
The birth mother must provide a birth certificate or documentation of pregnancy or birth from a health care provider including the mother’s name and birth or due date.
A second parent must provide a birth certificate, documentation from a health care provider, voluntary acknowledgment of paternity or court order proving parenthood.
An adoptive parent must submit documentation showing an adoption is in process or documentation illustrating the leave is to further the adoption.
A foster parent must submit a letter from the county or city department of social services or local volunteer agency.
If spouses or family members work for the same company, an employer is entitled to deny PFL to more than one employee at the same time to care for the same family leave recipient or to bond with a child. Employee handbooks should be updated to account for these changes in New York law.
