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 380-7 - Compliance and Coverage
Section 380-7.2 - Employer obligations
Current through Register Vol. 46, No. 12, March 20, 2024
(a)
(b)
(c) The weekly contribution from an employee is the maximum per week that can be withheld. Unless otherwise specified in this Part or section 209 of the Workers' Compensation Law, an employer's failure to withhold may not be recovered by withholding larger than the maximum employee contribution at a later date.
(d) If an employer does not comply with the provisions of article 9 of the Workers' Compensation Law to provide coverage for family leave benefits, a penalty shall be imposed on the employer, not in excess of a sum equal to one-half of a per centum of the employer's weekly payroll for the period of such failure, and a further sum not in excess of $500.
(e) Every covered employer must display or post, and keep posted, a typewritten or printed notice concerning PFL in a form prescribed by the chair. The notice must be displayed in plain view where all employees and/or applicants can readily see it.
(f) An employer who by operation of law becomes successor to a covered employer, or who acquires by purchase or otherwise the trade or business of a covered employer, immediately becomes a covered employer and must maintain PFL benefits for his or her employees.
(g) A covered employer that closes or dissolves its business and no longer has any employees may discontinue paid family coverage on the date the business closes or is dissolved with no employees. An employee who is out of work due to the closing or dissolution of the employer's business shall not be eligible for paid family leave as of the date his or her employment terminates. An employee whose employer has changed pursuant to subdivision (4) of section 202 of the Workers' Compensation Law shall be eligible for family leave benefits if he or she was eligible under the previous covered employer.
(h) The chair or his or her designee may audit an employer, at his or her discretion, for any purpose related to the administration of this section, including but not limited to, claim filing, dates of leave, return to work, payroll information, and written guidance to employees concerning employee benefits or leave rights, employer use of employee contributions to provide PFL, and employer compliance with posting requirements.