Paid Family Leave And The Family Medical Leave Act

Anonymous User
1199
Associate
House Staff
RN-NYSNA
Teamsters
Anonymous User
Associate
House Staff
RN (NYSNA)
RN (1199)
1199
Local 30

Paid Family Leave (PFL) and the Family Medical Leave Act (FMLA)

PFL adds monetary support and job security to the federally mandated, unpaid time off benefits provided by FMLA, if you take a Paid Family Leave for an FMLA-qualifying reason and the leaves are concurrent.

Here is a side by side-by-side comparison of FMLA vs. NY Paid Family Leave.

Eligible Associates

FMLA

Employed for 12 months and worked 1,250 hours in the preceding 12 months

NY PFL

Employed for 26 consecutive weeks (no hourly requirements), or, if working less than 20 hours per week, 175 days

Length of Leave

FMLA

Up to 12 weeks in a 12-month period

NY PFL

Up to 8 – 12 weeks (phased in 2018-2021) in a 52-week period

Accrued Time Off

FMLA

Required to use accrued paid leave time

NY PFL

Not required to use accrued leave

Qualifying Events

FMLA

  • New child – Yes
  • Sick family member – Yes
  • Military – Yes
  • Your own qualifying event – Yes

NY PFL

  • New child – Yes
  • Sick family member – Yes
  • Military – Yes
  • Your own qualifying event – No

Health Insurance

FMLA

Maintain as if actively employed

NY PFL

Maintain as if actively employed

Job Restoration

FMLA

Return to position held prior to leave, or to an "equivalent" job, i.e./ virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions

NY PFL

Return to position held prior to leave or a comparable position with comparable benefits, pay, terms and conditions of employment

Definition of “Family Member”

FMLA

  • Child, Parent, Spouse

NY PFL

  • Child
  • Parent (including Adoptive or Stepparent)
  • Spouse
  • Grandparent
  • Grandchild
  • Domestic Partner