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New York’s Paid Family Leave: Clarifying The Notice Requirements

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While life is unpredictable and situations may arise that can’t be planned for, New York’s Paid Family Leave (PFL) law requires that employees be proactive. If an employee wants to take PFL that’s foreseeable, they’re required to give their employer at least 30 days’ advance notice.

Foreseeable qualifying events include situations such as an expected birth, placement for adoption or foster care, a family member’s planned medical treatment, planned medical treatment for a serious injury or illness of a covered service member, or another known military exigency.

Employers may deny PFL for up to 30 days if the employee knows about the underlying circumstance necessitating PFL but doesn’t provide timely notice to the employer.

On the other hand, if 30 days’ advance notice isn’t possible due to an employee’s not knowing when his leave will be needed or because an emergency arises, the law still requires him to provide notice as soon as possible and practical.  What’s possible and practical depends on the facts and circumstances surrounding the event.

When revising employment policies to account for the January 1st effective date for PFL, make sure your employees know you’ll require them to plan ahead and give adequate notice or they may be denied PFL, at least for some length of time.

Lisa Coppola

Written by Lisa Coppola

Founder of The Coppola Firm

Lisa A. Coppola, Esq. understands the challenges her clients face, whether they’re starting a new business, taking their existing operations in a new direction, or facing a claim or threat.

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