Paid Family Leave {Agent / Broker Highlights}
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OUR TECHNOLOGY IS YOUR FUTURE New York State PAID FAMILY LEAVE {AGENT / BROKER HIGHLIGHTS} PFL EFFECTIVE DATE 01/01/18 PFL BENEFITS DATE 01/01/18 CARRIER STATUS DATE 07/01/17 HIGHLIGHTS UPDATE 06/09/17 POWERED BY NY STATE DISABILITY & PAID FAMILY LEAVE SERVICES NY-PFL BULLETIN 06/09/17 516.482.2696 / www.LiDAC.com New York State Paid Family Leave {AGENT / BROKER HIGHLIGHTS} TABLE OF CONTENTS SERIES DESCRIPTION PAGE I Introduction 1 II Conditions for Paid Family Leave 2 III Eligibility 3 IV Schedule of Benefits 4 V Rates & Contributions 5 VI Employ-ER Considerations 7 VII Employ-EE Considerations 12 VIII Agent / Broker Value Proposition 16 IX Insurance Providers / Carriers Services 17 X General Administration & Service (Coming Soon) TBD IMPORTANT The following information is provided for illustrative purposes only highlighting some of the criteria as may be applicable to the Paid Family Leave Law, effective January 1st. 2018. LiDAC and its representatives make no representations as to the complete applicable benefits, durations, rates, terms and conditions as may be required under the NY Paid Family Law, which remains subject to New York State review, approval and release on behalf of eligible covered employers and / or insurance companies / providers, who are subject to the NYPFL law. For additional information and / or assistance on The New York Paid Family Leave and / or The NY Statutory DBL, please contact a LiDAC representative @ 516-482-2696 or [email protected]. POWERED BY NY STATE DISABILITY & PAID FAMILY LEAVE SERVICES NY-PFL BULLETIN 06/09/17 516.482.2696 / www.LiDAC.com New York State Paid Family Leave {AGENT / BROKER HIGHLIGHTS} INTRODUCTION SERIES I Governor Cuomo signed into law a significant addition to the New York Statutory Disability (DBL) Law offering a comprehensive Paid Family Leave policy for eligible employees working for a covered employer in the State of New York. Effective January 1st 2018, eligible employees will have the ability to take time in providing for the necessary care for their eligible family members, while ensuring a level of economic security. LiDAC.com provides licensed Brokers and Agents immediate access to The NY DBL & PFL Exchange. Using your Online Portal select from a host of preferred insurance carriers & vendors to obtain proposals, bind coverage and generate your clients’ New York-DBL and PFL policy, Forms and Admin kit all online in minutes. (Register Now or call 516-482-2696) WHAT IS PAID FAMILY LEAVE? Starting January 1, 2018, the New York State Paid Family Leave Program will provide New York State employees job-protected, paid leave to bond with a new child, care for an eligible family member with a serious health condition or to assist family members when someone is called to active military service. New York State Paid Family Leave will be released in phases over the next four (4) years. Employees will be eligible for paid time off to care for a new child or sick family member. New York State has adopted the richest Paid Family Leave in the United States effective, January 1st 2018. FAMILY MEDICAL LEAVE ACT (FMLA) VS. NY PAID FAMILY LEAVE (PFL) Family Medical Leave Act (FMLA), provides for unpaid family leave, while offering job security during a period of an approved eligible employee family medically related leave. • FMLA offers up to 12 weeks of unpaid time off for families to welcome a new child or care for ill family members. • FMLA affects all employees at businesses larger than 50 employees within a 75-mile radius. • FMLA does not provide a monetary benefit whereas PFL does. Alternatively, Paid Family Leave (PFL) covers all eligible employees of businesses in the State of New York with more than one employee. • PFL will provide a portion of an employee’s Average Weekly Wage (AWW) during the time of their leave for up to 12 weeks, once the entire plan is fully implemented in 2021. POWERED BY NY STATE DISABILITY & PAID FAMILY LEAVE SERVICES NY-PFL BULLETIN 06/09/17 1 516.482.2696 / www.LiDAC.com New York State Paid Family Leave {AGENT / BROKER HIGHLIGHTS} CONDITIONS FOR PAID FAMILY LEAVE SERIES II Under Paid Family Leave (PFL), employees may be eligible to participate in providing care for such conditions as may be related to physical or psychological care for a family member. In addition, bonding with the employee’s child during the first twelve months following the child’s birth, or the first 12 months after the placement of a child for adoption or foster care or for a qualified military service as defined by the FMLA. PATERNITY AND CARE OF A MILITARY SERVICE MATERNITY LEAVE FAMILY MEMBER Eligible Employees may be covered Individuals who may be expecting a Under the new PFL law, covered to provide care and assistance to child and / or fostering or adopting individuals may be eligible to take family members under the military a child, may be able to take time for the necessary time to provide provisions in the federal Family care of their child, while being eligible care for a loved one with a serious Medical Leave Act. to receive up to 8 weeks of Paid Family health condition. Family members Leave in 2018. may include a child, parent, parent- in-law, grandchild, grandparent, spouse, or domestic partner. NEW YORK STATE DISABILITY & PAID FAMILY LEAVE Employees in the State of New York may be eligible for Statutory Short-term Disability Insurance (DBL) which provides short-term coverage for employees based on qualifying events, like off-the-job injuries, illness, or pregnancy, and offers up to 26 weeks of paid disability benefits in a consecutive 52 week period. Paid Family Leave (PFL) has been incorporated into the New York State Disability Benefits Law (DBL) provisions, effective January 1st 2018 and may be subject, but not limited to the following: • PFL will be included under an employer’s New York State DBL policy. • DBL and PFL benefits cannot be collected at the same time. • NY DBL and NY PFL combined duration may not exceed a maximum period of 26-weeks during any 52 consecutive calendar weeks. POWERED BY NY STATE DISABILITY & PAID FAMILY LEAVE SERVICES NY-PFL BULLETIN 06/09/17 2 516.482.2696 / www.LiDAC.com New York State Paid Family Leave {AGENT / BROKER HIGHLIGHTS} ELIGIBILITY SERIES III LiDAC.com WHO IS ELIGIBLE? Representatives are Effective January 1, 2018, employees in the State of New York may be eligible, prepared to assist you if they meet certain criteria: and your clients in • Employees who work for private sector employers with at least 1 employee (not counting the owner). reviewing the details for • Employers in the public-sector that may choose to participate through collective bargaining. implementation of your • Full-time employees regularly scheduled to work 20 or more hours per week for at least New York State Paid 26 consecutive work weeks preceding the first full day when family leave begins. Family Leave Program. • Part-time employees regularly scheduled to work less than 20 hours per week will become CALL NOW! eligible to take family leave after 175 days of scheduled employment. 516-482-2696 or [email protected] Any eligible individual that has a qualifying leave event (birth, adoption, foster care, care of family member during a military leave or qualifying medical issue) commencing with date on or after January 1st, 2018, as well as births and adoptions within the last 12 months — even those in 2017. WHO IS NOT ELIGIBLE? Employees may not be eligible for coverage under the New York State PFL due to one or more of the following criteria: • Any employee already receiving total disability (the coverage an injured worker may receive during his or her recovery) benefits. • Employees on administrative leave. • Employees who work for an exempt employer. • Employees who are excluded from coverage under Article 9 of the Disability Benefits Law (DBL) and the Paid Family Leave Benefits Law (PFL). HOW MUCH DOES IT PAY? • January 1, 2018; up to 8 weeks of paid leave of the employee’s average weekly wage capped at a maximum of 50% of NYS Average Weekly Wage (average weekly wage in 2016 was $1,305.92). • January 1, 2019; up to 10 weeks of paid leave of the employee’s average weekly wage capped at a maximum of 55% of NYS Average Weekly Wage. • January 1, 2020; up to 10 weeks of paid leave of the employee’s average weekly wage capped at a maximum of 60% of NYS Average Weekly Wage. • January 1, 2021; and thereafter; up to 12 weeks of paid leave of the employee’s average weekly wage capped at a maximum of 67% of NYS Average Weekly Wage. POWERED BY NY STATE DISABILITY & PAID FAMILY LEAVE SERVICES NY-PFL BULLETIN 06/09/17 3 516.482.2696 / www.LiDAC.com New York State Paid Family Leave {AGENT / BROKER HIGHLIGHTS} SCHEDULE OF BENEFITS SERIES IV NEW YORK PAID FAMILY LEAVE SUMMARY OF BENEFITS CALENDAR WEEKS AVAILABLE MAX % OF MAXIMUM (AWW) NYS YEAR BENEFIT PERIOD EMPLOYEE SALARY WEEKLY BENEFIT (EST *) AWW (EST *) 01/01/18 8 50% $653 $1,305.92 01/01/19 10 55% $718* $1,305.92* 01/01/20 10 60% $784* $1,305.92* 01/01/21 12 67% $874* $1,305.92* * Pending AWW Changes WORKERS’ COMPENSATION LAW § 2(16) The maximum Paid Family Leave benefit is subject to a percent of the employee salary to a maximum of the NYS Average Weekly Wage (NYSAWW). The 2016 AWW used for this calculation is $1,305.92. The AWW is updated annually on / or about March 31st for review.