The School participates in New York’s Paid Family Leave (“PFL”) program to provide partial wage replacement to eligible employees for bonding with a child, caring for a relative with a serious health condition, or in certain situations dealing with active military service. As part of this policy, eligible employees will generally be returned to their job upon return from leave. Your health insurance will be maintained if you continue to pay your portion of the premium while on PFL. While specifics of the policy are below, note that not every aspect can be detailed here, and the provisions of the law will prevail. If you have any questions, please contact Trinet at connect360@trinet.com.
Eligibility
Employees working in New York State are eligible for PFL if they: have a regular work schedule of 20 or more hours per week and have been employed for 26 consecutive weeks.
have a regular work schedule of less than 20 hours per week and are eligible after 175 days worked.
Citizenship status and immigration status do not affect PFL eligibility.
Eligible Uses For Leave
Eligible employees are entitled to PFL for a one of the following qualifying events, further explained below: (1) to bond with a newly born, adopted, or fostered child; (2) to care for a family member with a serious health condition; or (3) for reasons relating to when a family member is called to active military service abroad.
1. Maternity and Paternity Leave. Eligible employees may take PFL to bond with a newly born, adopted, or foster child during the first 12 months after the birth, adoption, or fostering of a child.
In the case of the birth of a child, PFL may not be used for prenatal care and is only available after the birth of the child. Employees may opt to receive disability and PFL during the post-partum period but may not receive both benefits at the same time. In the case of placement or adoption, an employee may take PFL before the actual placement or adoption if an absence from work is required for the placement for adoption or foster care to proceed. Such instances would include attending counseling sessions, appearing in court, consulting with attorneys or doctors representing the birth parent or traveling to another country to complete an adoption. However, PFL taken to bond with a newly adopted child must be completed within the first 12 months after the child’s adoption.
2. Caring for a Relative with a Serious Health Condition. Employees may take PFL to care for the following relatives suffering from a serious health condition:
A serious health condition is generally an illness, injury, impairment, or physical or mental condition that involves:
In most cases, conditions like the common cold, the flu, ear aches, upset stomach, minor ulcers, routine dental or orthodontic problems, periodontal disease, and the like do not meet the definition of a serious health condition.
3. Active Military Duty Deployment. An eligible employee may take PFL under the military provisions of the Family and Medical Leave Act (“FMLA”) when a spouse, child, domestic partner or parent of the employee is on active duty or has been notified of an impending call or order of active duty. Some instances in which an employee may take PFL are to: make child care arrangements for a child of the deployed military member; attend eligible military ceremonies and briefings; and make financial or legal arrangements for addressing the military member’s absence.
Reinstatement After Leave
Generally, employees have a right to return to their same or comparable job upon return from PFL. Exceptions to this provision may apply if business circumstances have changed (e.g., if the employee’s position is no longer available due to a job elimination). Exceptions may also apply for certain highly compensated employees under certain conditions. In addition, employees on a leave extending beyond the time allotted for PFL as defined in this policy are not guaranteed reinstatement under this policy.
Ineligible Uses
PFL cannot be used for the employee’s own disability or qualifying military event. In these instances, other leave or wage replacement policies may apply. Please consult with Trinet at connect360@trinet.com.
You may not receive both disability benefits and PFL benefits for the same period of time. An employee who is eligible for both disability benefits and PFL during the same period of 52 consecutive calendar weeks will not receive more than 26 total weeks of disability and PFL benefits during that period of time.
When Both Spouses/Partners Work For Us
If both you and your spouse work for us, PFL will be authorized for one of you if you have both requested the same period of time off to bond with the same child or to care for the same eligible relative.
Paid Family Leave Benefits (Time and Pay)
Eligible employees who have a qualifying event for PFL will be entitled to twelve (12) weeks of leave payable at a sixty seven percent (67%) of the employee’s weekly wage, capped at 67% of the then-current Statewide Average Weekly Wage.
Employees may take their maximum benefit in any 52-week period. The 52-week clock starts on the first day the employee takes PFL. Eligible employees are entitled to receive the applicable percentage of their average weekly wage unless that amount exceeds the cap set by New York State. The State will establish its Statewide Average Weekly Wage each year. The Statewide Average Weekly Wage for 2024 is $1,718.15 per week. Thus, the maximum PFL benefit an eligible employee could receive in 2023 is 67% of $1,718.15, which is $1,151.16. If applicable, your health insurance coverage will be maintained while you’re on PFL so long as you continue to pay your health insurance premium contributions. Upon approval of your PFL, you will be notified as to how to make these required payments.
Weekly and Daily Leave
PFL can be taken all at once or intermittently but must be taken in full-day increments. When you take your PFL in full-day increments, your maximum period of PFL is calculated based on the average number of days worked per week. For example, an employee that works 3 days per week will receive: The equivalent of 3 days per week for 12 weeks, or a maximum of 36 days in any 52-consecutive week period.
Other Pay During PFL
You are permitted, but not required, to use available/eligible PTO to make your pay whole during your leave. In other words, you may supplement your PFL pay (which is only partial wage replacement) with your available PTO time, so that your wages during your leave equal your wages while working. While employees may combine sources of pay accordingly, employees may not receive more than 100% of their normal wages at any time from both sources (PFL and PTO). PFL shall also run concurrently with any FMLA. Such employees are entitled to the full amount of the PFL benefits, which will then be supplemented (up to 100% of the employee’s normal wages) by the PTO time.
Note: You will not continue to accrue PTO while you are out on PFL.
How To Apply For PFL
Employees seeking PFL must email the Senior Director of Finance at least 30 days before starting PFL when the leave is foreseeable. If the event leading to your PFL request is not foreseeable, you must give notice as soon as is practical. When the need for PFL is foreseeable (for example, an expected birth, placement for adoption or foster care; planned medical treatment for a serious health condition of a family member; the planned medical treatment for a serious injury or illness of a covered service member; or other known military exigency) you must give notice as soon as is practical. When the need for PFL is foreseeable and you do not give 30 days’ advance notice, your request may be delayed or denied.
You must also call Trinet at 800-638-0461 to start a PFL claim. The service center will send you a packet that has all the information and forms you'll need. It will have instructions and paperwork they will need to find out if you're eligible for federal and state leaves. Be sure to also provide the supporting documentation required by your claim form. The completed form and supporting documentation must be submitted to Standard Security (follow the packets' instructions or call Standard Security at 800-477-0087/email claims@sslicny.com if you have any questions). Standard Security will pay or deny a claim within 18 calendar days of receipt of the completed claim. If denying the claim, Standard Security must provide an explanation in writing.
You will receive your PFL payments directly from Standard Security.
Payment for PFL
PFL is funded by a payroll deduction from your pay. A maximum rate of employees’ contribution will be established each year by the State. In most cases, if you will not work the 26 continuous weeks or 175 days needed to be eligible for PFL (such as seasonal employees, for example), you will be notified of your right to waive coverage. In such cases, you will need to complete a waiver. Please contact the Senior Director of Finance or his or her designee for more information.
New York PFL and other Leave Laws and Policies
PFL may be able to be taken by employees who are eligible for time off under the provisions of the federal Family and Medical Leave Act. To the extent permitted by law, leaves covered by the Federal Family and Medical Leave Act (FMLA) will run concurrent with New York PFL. In such instances, you will be notified of this concurrent leave, in which case eligible employees must apply for both PFL and leave under the FMLA. If you are informed of your right to collect New York PFL benefits while on FMLA leave, but you decline to apply for PFL benefits, your leave will still be counted against your maximum duration of PFL.
If you work partial days due to FMLA leave, when the total hours taken for FMLA in less than full day increments reach the number of hours in your usual workday, one day of PFL benefits will be deducted from your annual available New York PFL benefit.
Further, leave under New York PFL will run concurrent with any other applicable leave, to the extent permitted by law, and employees must cooperate to complete any necessary paperwork when the School notifies them of such concurrent leave. At no time will an employee receive more than 100% of his or her base salary while on PFL.
Special Rules Pertaining to PFL for Instructional Employees
The special rules that are applicable to employees working in an instructional capacity for purposes of taking intermittent FMLA leave shall also be applicable to instructional employees seeking to take intermittent leave under the PFL.
Discrimination or Retaliation
No employee will be discriminated against or retaliated against for taking PFL. If you have any concerns in this regard, please contact the Senior Director of Finance.
Questions
If you have any questions about this policy or PFL, please email Trinet at connect360@trinet.com. Also feel free to visit New York State’s website on PFL here: For additional information on Paid Family Leave please visit: https://www.ny.gov/programs/new-york-state-paid-family-leave.