In late July, I wrote a brief article regarding “6 Need to Knows About the New York State Paid Family Leave (NYSPF) Legislation” and will more than likely write a few more articles about the legislation as we approach deadlines and implementation in 2018. We are still patiently waiting for final rules and regulations to be issued from the New York State Workers’ Compensation Board, which continue to be communicated slowly. Continue to monitor for any changes that can and will impact your organization. As we approach 2018, we should begin communicating with employees about NYSPFL and the upcoming payroll deductions (if you haven’t started the deductions yet).
Below is a draft communication letter to consider when communicating NYSPFL information throughout the organization, which can also be used as a memo for a bulletin board or intranet/email message:
“Effective January 1, 2018, employees could be eligible for Paid Family Leave, as permitted under the New York Paid Family Leave Benefits Laws and Regulations. After this date, eligible part-time and full-time employees may take Paid Family Leave under certain conditions, including: (1) to care for a family member with a serious health condition, (2) to bond with a child after birth or placement for adoption or foster care within the first 12 months after the birth or placement, or (3) because of any qualifying exigency arising from the fact that an employee’s spouse, domestic partner, child or parent is on active duty (or has been notified of an impending call or order to active duty) in the armed forces of the United States.
Paid Family Leave will phase in over 4 years with a gradually increasing benefit amount and duration, as shown below:
The cost of Paid Family Leave benefits is paid for by the employee via payroll deductions. The Company will be deducting a percentage of your average weekly wages (determined by New York State) to fund Paid Family Leave benefits. The deduction rate, which is set by New York State and is the same for everyone, is 0.126% of each employee’s weekly wage with a weekly wage cap of $1,305.92. The maximum contribution is currently $1.65 each week. For example, if the employee’s weekly wage amounts to $1,000.00, the maximum payroll deduction for Paid Family Leave would be $1.26 for that week. For employees who make more than the state’s average weekly wage of $1,305.92, the Paid Family Leave deduction will be capped at $1.65 per week (0.126% of $1,305.92). We will be designing and communicating a more detailed Paid Family Leave policy in the future to be effective in 2018. If you have any questions please contact ____.”
Other considerations for NYSPFL Communication Letter and/or Policy:
- Dates for deductions and payroll processing
- Concurrent use with Family Medical Leave (remember FMLA varies in coverage)
- Concurrent use of vacation and/or other paid time off
- Eligibility, job protection and benefits protection regulations
- Provider information, certification forms and submission processes
- Approval and denial information
Additional organizational considerations for NYSPFL:
- FMLA policy updates
- Handbook updates
- Labor and employment law posters/legal communication
The letter is designed for proactive communications. As laws and regulations evolve, the letter/communication tools will also change. Organizations should consider developing a frequently asked questions list, to assist employees in better understanding NYSPFL laws.
– Matthew Burr, HR Consultant