When Not to Pay NY Paid Family Leave Benefits to an Eligible Employee

Short blog with a quick question and answer as we continue to provide NY Paid Family Leave resources and information to employers. Let’s get to it.

There are several circumstances outlined in NY Paid Family Leave (PFL) legislation noting when the benefit is not payable to eligible employees. These include:

• Any time an employee is receiving full disability benefits under a claim for workers’ compensation, volunteer firefighters or volunteer ambulance workers’ benefits. That being said, if the employee is receiving partial disability payments, the amount of family leave benefits combined with the benefits under those laws may not exceed the employee’s average weekly wage (or state average weekly wage, whichever is lower).
• To an employee not employed or who is on administrative leave from his or her employment.
• To an employee currently receiving sick pay or paid time off from the employer; and
• For any day in which the claimant works at least part of the day during the same working hours as those for which family leave benefits are claimed.

For more employer insights on navigating NY PFL regulations, read our blog, Employer Responsibilities for NY Paid Family Leave.