N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-7.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 380-7.2 - Employer obligations

(a)

(1) If a covered employer maintains written guidance for employees concerning employee benefits or leave rights, such as in an employee handbook, information concerning leave under PFL and employee obligations under PFL shall be included in the handbook or other written guidance.

(2) If a covered employer does not have written policies, manuals, or handbooks describing employee benefits and leave provisions, the employer shall provide written guidance to each of his or her employees concerning all of the employee's rights and obligations under PFL, including information on how to file a claim for paid family leave.

(b)

(1) A covered employer may deduct employee contributions prior to the effective date of the policy and prior to an employee's eligibility for paid family leave.

(2) A covered employer may be responsible for payment of premium prior to collection of all employee contributions for a policy year. Under these circumstances, the covered employer may collect employee contributions after the premium payment in order to cover the cost of the paid family leave coverage.

(3) A covered employer shall use his or her employees' contributions to provide PFL benefits to employees and shall promptly return to employees any surplus in employee contributions that exceed the annual premium.

(4) A covered employer may continue to deduct the employee contributions set forth in Workers' Compensation Law section 209 when an employee is receiving benefits pursuant to Workers' Compensation Law section 204. A covered employer may not collect employee contributions for an employee who has not yet acquired eligibility for PFL under Workers' Compensation Law section 203 and section 380-2.5 of this Part, while that employee is taking disability leave.

(c) The weekly contribution from an employee is the maximum per week that can be withheld. Unless otherwise specified in this Part or section 209 of the Workers' Compensation Law, an employer's failure to withhold may not be recovered by withholding larger than the maximum employee contribution at a later date.

(d) If an employer does not comply with the provisions of article 9 of the Workers' Compensation Law to provide coverage for family leave benefits, a penalty shall be imposed on the employer, not in excess of a sum equal to one-half of a per centum of the employer's weekly payroll for the period of such failure, and a further sum not in excess of $500.

(e) Every covered employer must display or post, and keep posted, a typewritten or printed notice concerning PFL in a form prescribed by the chair. The notice must be displayed in plain view where all employees and/or applicants can readily see it.

(f) An employer who by operation of law becomes successor to a covered employer, or who acquires by purchase or otherwise the trade or business of a covered employer, immediately becomes a covered employer and must maintain PFL benefits for his or her employees.

(g) A covered employer that closes or dissolves its business and no longer has any employees may discontinue paid family coverage on the date the business closes or is dissolved with no employees. An employee who is out of work due to the closing or dissolution of the employer's business shall not be eligible for paid family leave as of the date his or her employment terminates. An employee whose employer has changed pursuant to subdivision (4) of section 202 of the Workers' Compensation Law shall be eligible for family leave benefits if he or she was eligible under the previous covered employer.

(h) The chair or his or her designee may audit an employer, at his or her discretion, for any purpose related to the administration of this section, including but not limited to, claim filing, dates of leave, return to work, payroll information, and written guidance to employees concerning employee benefits or leave rights, employer use of employee contributions to provide PFL, and employer compliance with posting requirements.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-7.2

Adopted New York State Register July 19, 2017/Volume XXXIX, Issue 29, eff. 7/19/2017