As of March 2016, only 13 percent of all private workers had access to paid family leave (PFL), according to the Bureau of Labor Statistics.

While many employers offer sick leave, short-term disability, paid time off and maternal leave, gaps in these benefit offerings often fail to meet the needs of employees seeking time to bond with a child or to care for a sick or aging parent.

Fewer families with a stay-at-home parent to help with caregiving needs has increased the number of conversations employers are having about including PFL as part of an employee benefits package.

While many employers are proactively adding their own coverage, some states are beginning to introduce and pass legislation around mandatory PFL coverage.

New York state, for example, is mandating that any private employer that provides Disability Benefits Law (DBL) coverage to New York-based employees will be required to provide PFL coverage.

New York’s proposed plan is one of the more robust PFL programs and, given this type of legislation is a newer concept across the country, there are bound to be questions from your clients.

Anticipating and proactively addressing these questions now can help ensure the program implementation process goes smoothly for you and your clients:

1. When will the New York PFL program take effect?

The legislation will take effect Jan. 1, 2018.

2. Are all New York employers required to provide PFL?

Private employers with New York-based employees that provide DBL coverage will be required to provide PFL coverage. This mandate also applies to employers that are not based in New York, but have remote employees based in the state that receive DBL coverage.

3. How is the New York PFL program funded?

New York’s PFL program is entirely employee-funded through payroll deduction. It’s important to clarify that the rates for this coverage are determined by the state, not the employer.

For 2018, the contribution rate for PFL is 0.126 percent of a covered New York employee’s average weekly wage, capped at the New York State Average Weekly Wage (NYSAWW).

4. Does New York’s PFL legislation replace the Family and Medical Leave Act (FMLA)?

In a word, no. PFL has different employee eligibility rules and employer requirements than the FMLA.

However, there are many instances where the available leave types overlap, thus allowing PFL and FMLA to run concurrently.

5. How will New York’s PFL program be implemented?

New York’s PFL program is designed to be phased in over the next four years, beginning Jan. 1, 2018, with the duration and benefit payout set to gradually increase as the program matures.

The chart below highlights the proposed increases over the next four years. However, the state could delay these increases depending on the program’s performance.

6. How can I help clients prepare for New York’s PFL legislation?

• Update the company handbook: Encourage your clients to update their employee handbook policies to ensure they’re compliant with the new PFL regulations.

• Communicate the changes to employees: Once the handbook is updated, work with your clients to determine the best way to communicate these benefit changes to employees. The more proactive and transparent employers can be about these changes, the better.

• Stay up to date: Key details and decisions around this legislation are still being determined. It will be especially important for you to stay abreast of any changes, so you can ensure your clients are aware of any updates and remain compliant. New York’s PFL page is a great resource for the latest information updates.

The end of the year will be here before we know it. These questions can help prepare clients and their internal teams for the new legislation provisions and mitigate a rush of questions and issues at the onset of the year.

Instant Insights /

6 FAQs in anticipation of New York&rsquo;s paid family leave implementation

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6 FAQs in anticipation of New York’s paid family leave implementation