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 380-6 - Benefit Rate and Use of Accruals
Section 380-6.1 - Benefit rate

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 380-6.1

Current through Register Vol. 45, No. 52, December 27, 2023

(a) The benefit rate an employee may receive during family leave for a single qualifying event in a 52 week period is the maximum rate as set forth in Workers' Compensation Law section 204 in effect on the first day of family leave. The family leave benefits payable for the qualifying event in that 52 week period shall be the liability of the carrier providing coverage on the first day of family leave. The carrier may require updates to the request for family leave, or certifications under sections 380-4.2, 380-4.3 and 380-4.4 of this Part, during the 52 week period for subsequent periods of family leave not covered by the initial claim documentation.

(b) When an employee has multiple covered employers:

(1) An employee with multiple covered employers is not required to take paid family leave from each covered employer during a single period of family leave.

(2) An employee with multiple covered employers may not take paid family leave for a single qualifying event from different covered employers at separate intervals, but must take family leave from all covered employers during the same family leave period.

Adopted New York State Register July 19, 2017/Volume XXXIX, Issue 29, eff. 7/19/2017

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