New York Paid Family Leave

How it impacts other leave plans

How does this new leave change the existing New York State Disability plan?
  • Employers are required to offer both New York State Disability coverage and Paid Family Leave (PFL).
  • An insurance carrier will offer one plan to administer both New York State Disability leave and New York Paid Family Leave.
Is this new leave part of the federal Family and Medical Leave Act (FMLA)?
  • No, this is a separate benefit with different eligibility rules and employer requirements than the FMLA. 
Will my New York State Disability policy change?
  • Yes, the state disability policy in place with Lincoln Financial Group will be amended to include the Paid Family Leave benefit. Regardless of whether the amendment is complete, the Paid Family Leave benefit will be available to the employees who work in New York beginning January 1, 2018.
Is the employee able to use the New York State Disability benefit and Paid Family Leave benefit at the same time for the birth of a baby?
  • No, under the law the employee may not use New York State Disability and Paid Family Leave concurrently.  
  • However, if the employee delivers a baby, she may be eligible to take her New York State Disability leave for the six- or eight-week recovery period for the delivery and will also be eligible for eight weeks of bonding following the birth of the baby. While the two benefits cannot be taken concurrently, the employee has the option to forgo the disability benefit entirely and opt to just take the eight weeks of bonding, or to use the disability benefit and then use the PFL benefit. This is up to the individual employee. 
Is there any coordination between the State Disability and Paid Family Leave benefits?
  • Yes, they share a maximum benefit duration of 26 weeks within a 52-week period.
  • The State Disability benefit provides 26 weeks (in 52 weeks) of coverage.
  • Paid Family Leave provides eight weeks (in 52 weeks) of coverage as of 1/01/2018.
  • During the same 52-week time period, the employee will not receive more than 26 weeks of combined State Disability and Paid Family Leave.
Does the employee use Family Medical Leave and Paid Family Leave at the same time?
  • Yes, if the employee is eligible for federal FMLA, then it will run concurrently with New York Paid Family Leave. 
What if I have a family leave program in place already?
  • If your organization has defined a family leave, maternity and/or paternity benefit, it does not replace the mandated Paid Family Leave benefit in New York. You should begin to review your current leave program to determine how this will work with the New York PFL benefit. It will be important to update your employee information to provide clear information and avoid confusion when an employee needs to use the PFL benefit.

In New York, insurance products (policy series GL111, GL3001) are issued by Lincoln Life & Annuity Company of New York, a Lincoln Financial Group® company. Lincoln Financial Group is the marketing name for Lincoln National Corporation and its affiliates. Affiliates are separately responsible for their own financial and contractual obligations. Limitations and exclusions apply.