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 380-5 - Payment and Denials
Section 380-5.6 - Methods of payment of paid family leave benefits
Current through Register Vol. 45, No. 26, June 28, 2023
(a) Employees may be paid family leave benefits in like manner as wages, including the following methods:
For the purposes of this Part:
(c) Choice of method of payment.
If the carrier or self-insured employer offers a choice of method of payment, the carrier or self-insured employer shall contact the employee upon receipt of a paid family leave claim and may require the employee to choose between direct deposit or debit card as the method of payment, unless the employee certifies the need for payment by check.
(d) If the employee fails to choose a method of payment, the carrier, or employer if self-insured, may elect to make payment using either a debit card or a check. The employee may elect at a later time to change this default method of payment, but the carrier or employer is not required to rescind the original payment transaction on the debit card or check.
(e) Written notice.
A carrier or self-insured employer who uses methods of payment other than check shall provide employees with a written notice that identifies the following:
(f) Prohibited practices.
A carrier or self-insured employer, or agent, shall not engage in unfair, deceptive or abusive practices in relation to the method or methods of payment of benefits. No carrier, employer, or agent, shall discharge, penalize or in any other manner discriminate against any employee because such employee has not consented to receive his or her benefits through direct deposit or debit card.
Adopted New York State Register July 19, 2017/Volume XXXIX, Issue 29, eff. 7/19/2017