{"id":4280,"date":"2016-04-06T16:38:19","date_gmt":"2016-04-06T22:38:19","guid":{"rendered":"http:\/\/admin.patheos.com\/blogs\/janetheactuary\/?p=4280"},"modified":"2016-04-06T16:38:19","modified_gmt":"2016-04-06T22:38:19","slug":"reading-the-new-parental-leave-law","status":"publish","type":"post","link":"https:\/\/www.patheos.com\/blogs\/janetheactuary\/2016\/04\/reading-the-new-parental-leave-law.html","title":{"rendered":"Reading the new parental leave law"},"content":{"rendered":"\n<\/head>

Lost in the hubub around California\u2019s and New York\u2019s minimum wage increases is the fact that, at the same time, New York enacted a family leave bill.<\/p>\n

Now, there are various articles providing the basics of the provisions of this legislation, for instance, at the Huffington Post<\/a>, but even on the governor\u2019s official web page<\/a>\u00a0touting the new law, I can\u2019t find reference to the actual legislation, nor the name\/number of the bill itself. \u00a0The best I can find is an article from February 2, 2016, reporting that the state Assembly had passed a bill (with a link pointing to bill A3870A<\/a>), but that its prospects for being passed in the Senate were uncertain. \u00a0Ultiamately I found an article from March 14th<\/a> that family leave was a part of the budget negotiations, and, turns out, this is all in Part SS of budget legislation, so let\u2019s look at this text<\/a>, starting on page 90.<\/p>\n

At this point, I\u2019m just going to be a bit dorky, and take some notes to answer the questions of how generous the benefits are, how sound the funding is, and whatever else seems relevant, because I\u2019ve gotten irritated at reading coverage that is so short on details. \u00a0For context, incidentally, New York State has had a longstanding state short-term disability benefit, which pays 50% of wages, for up to 26 weeks (summarized, e.g., here<\/a>); employees pay a small contribution as a percent of pay and employers are required to make up the difference for their employees, either by paying the cost for short-term disability insurance or by self-funding.<\/p>\n

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Section 1: \u00a0these are all amendments to worker\u2019s compensation legislation, so that the entire law reads as amendments and additions to the Worker\u2019s Comp law, section 201. \u00a0New subdivision 15 defines family leave:<\/p>\n

Care required due to a \u201cserious health condition\u201d of a family member (including physical or psychological care), or to bond with a new family member within the first twelve months after birth, or after placement for adoption or foster care, or any circumstance defined under FMLA because a family member has been called up for duty in the armed forces.<\/p>\n

Employees are eligible if they\u2019ve worked for\u00a026 consecutive weeks at a given employer. \u00a0Upon returning to work, they will be guaranteed their job or a comparable one, with the same pay and benefits, and the will be eligible to continue their health insurance during their leave. \u00a0Any return to work and resumption of leave period within 3 months will be counted as the same period of leave.<\/p>\n

Beginning 1\/1\/2018, the weekly benefit is defined as a maximum of 8 weeks in any 52 calendar week period, at 50% of the employee\u2019s average wage, up to a maximum of 50% of the state\u2019s average wage. \u00a0On 1\/1\/2019, this increases to 10 weeks, and 55%. \u00a0On 1\/1\/2020, 10 weeks, 60%. \u00a0On 1\/1\/2021 and thereafter, 12 weeks, and 67% of pay.<\/p>\n

The Superintendent of Financial Services may delay the increases for one or more years, taking into account the following factors:<\/p>\n