New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter H - Disability Benefits
Article 2 - Rules Under Disability Benefits Law
Part 380 - Paid Family Leave
Subpart 380-2 - Eligibility
Section 380-2.9 - Employees subject to collective bargaining agreements
Universal Citation: 12 NY Comp Codes Rules and Regs ยง 380-2.9
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Covered employers with employees or a class or classes of employees subject to a collective bargaining agreement shall not be required to supply such employees with paid family leave coverage when the collective bargaining agreement:
(1)
provides paid family leave benefits at least as favorable as set forth in
section
358-3.1(e)
of this Title; and
(2) does not
permit an eligible employee to waive his or her rights to paid family leave or
otherwise opt-out of article 9 of the Workers' Compensation Law except as
permitted in section
380-2.6 of
this Subpart. With the exception of the requirements set forth in the preceding
sentence, a collective bargaining agreement may provide rules related to paid
family leave that differ from the requirements set forth in this Title. Where
the collective bargaining agreement does not provide a different rule, the
provision of this Title shall apply to family leave benefits.
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