Monday, March 18, 2019

Federal vs. New York family and medical leave laws – Part 3

The federal Family and Medical Leave Act provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons.

In addition to the federal FMLA, New York has laws regarding pregnancy leave, adoptive parents leave, blood donation leave, bone marrow donation leave, military spouse leave and paid family leave (effective Jan. 1, 2018).

The comparison chart below continues our review of federal vs. New York family and medical leave laws regarding an intermittent leave, reinstatement rights and the maintenance of health benefits during leave.


Family and Medical Leave in New York

FEDERAL ELEMENTS
STATE ELEMENTS
Intermittent Leave
Permitted for serious health condition, for care of covered service member when medically necessary and for active duty leave.
Not permitted for care of newborn or new placement by adoption or foster care, unless employer agrees.
Pregnancy leave: Employers must treat disability arising from pregnancy in the same manner as other disabilities.
Adoptive parents leave: Employers that permit employees to take leaves of absence upon the birth of a child must permit an adoptive parent, following commencement of parent-child relationship, the same leave upon the same terms (unless the child has reached school age or, in the case of a hard-to-place or handicapped child, has reached age 18).
Blood donation leave: No provision
Bone marrow donation leave: No provision
Military spouse leave: No provision
Paid family leave (effective Jan. 1, 2018): Paid family leave benefits may be received on an intermittent basis (less than a full workweek), in increments of one full day (that is, one-fifth of the weekly benefit).
Reinstatement Rights
Must be restored to same position or one equivalent to it in all benefits and other terms and conditions of employment.
Pregnancy leave: Employers cannot discriminate on the basis of sex and must treat disability arising from pregnancy in the same manner as other disabilities.
Adoptive parents leave: Employers that permit employees to take leaves of absence upon the birth of a child must permit an adoptive parent, following commencement of parent-child relationship, the same leave upon the same terms (unless the child has reached school age or, in the case of a hard-to-place or handicapped child, has reached age 18).
Blood donation leave: No provision
Bone marrow donation leave: No provision
Military spouse leave: No provision
Paid family leave (effective Jan. 1, 2018): An employee who takes paid family leave must be reinstated to his or her original position upon return to work or reinstated to a comparable position with equal pay, benefits and other terms and conditions of employment. 
Maintenance of Health Benefits During Leave
Health insurance must be continued under same conditions as prior to leave.
Pregnancy leave: Employers cannot discriminate on the basis of sex and must treat disability arising from pregnancy in the same manner as other disabilities.
Adoptive parents leave: Employers that permit employees to take leaves of absence upon the birth of a child must permit an adoptive parent, following commencement of parent-child relationship, the same leave upon the same terms (unless the child has reached school age or, in the case of a hard-to-place or handicapped child, has reached age 18).
Blood donation leave: No provision
Bone marrow donation leave: No provision
Military spouse leave: No provision
Paid family leave (effective Jan. 1, 2018): Employers must maintain group health plan benefits for the duration of paid family leave as if the employee had continued to work.

Please note that the information in the above chart focuses on statewide laws. Employers must be aware that numerous cities across the country (including New York City) have enacted local ordinances that mandate employers provide paid sick leave to employees. An employer located in a city with a paid sick leave law must comply with the local ordinance and statewide law, if applicable.

Read about other federal and state areas of comparison in federal vs. New York family and medical leave laws – Part 1 and Part 2. These comparison charts are provided for general informational purposes only. They are not intended to be exhaustive, nor should any discussion or opinions be construed as legal advice. If you have any questions or would like to begin talking to an employee benefits consultant, please get in touch by email or by calling (800) 388-1963.

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