New York Codes, Rules and Regulations
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:

(1) debit card;

(2) direct deposit; or

(3) check.

(b) Definitions.

For the purposes of this Part:

(1) Debit card shall mean a card that provides access to an account with a financial institution established directly or indirectly by the carrier or self-insured employer, and to which transfers of the employee's paid family leave benefits are made.

(2) Consent shall mean an express, advance, written authorization given voluntarily by the employee and only given following receipt by the employee of written notice of all terms and conditions of the method of payment. Consent may be withdrawn at any time, provided however, that the carrier or self-insured employer shall be given a reasonable period of time to finalize such change.

(3) Direct deposit shall mean the transfer of paid family leave benefits into an account, of the employee's choosing, of a financial institution.

(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:

(1) a plain language description of all of the employee's options for receiving payment of benefits;

(2) a statement that the carrier or self-insured employer may give the employee the choice between receiving benefits by debit card or direct deposit, but cannot prohibit the employee, upon the employee's certification that it is necessary, from receiving benefits by check;

(3) a statement that the employee may not be charged any fees for services that are necessary for the employee to access his or her benefits in full; and

(4) if offering employees the option of receiving payment via debit card, a list of locations (current at the time the carrier or self-insured employer provides the list to the employee) where employees can access and withdraw wages at no charge to the employees within reasonable proximity to their place of residence or place of work.

(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

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