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 12 weeks 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
- Sibling (including adopted, half, or step sibling)
- Grandparent
- Grandchild
- Domestic Partner