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 380-7.3 - Health insurance during paid family leave
Current through Register Vol. 46, No. 12, March 20, 2024
In accordance with the Family and Medical Leave Act (29 U.S.C. sections 2601-2654) :
(a) An employee who is provided health insurance by his or her employer is entitled to the continuation of that group health insurance coverage during paid family leave on the same terms as if he or she had continued to work. The employee must continue to make any normal contributions to the cost of the health insurance premiums.
(b) If an employer provides a new health plan or benefits, or changes health plans or benefits while an employee is on paid family leave, the employee is entitled to the new or changed plan or benefits to the same extent as if the employee was not on leave.
(c) Any share of health plan premiums which had been paid by the employee prior to paid family leave shall continue to be paid by the employee during the paid family leave period. If the premiums are raised or lowered, the employee is required to pay the new premium rates.
(d)
(e) If health insurance coverage lapses because an employee has not made the required premium payments, upon the employee's return from paid family leave the covered employer must restore the employee to coverage/benefits equivalent to those the employee would have had if paid family leave had not been taken and premium payment(s) had not been missed, including family or dependent coverage.
(f) If an employee chooses not to retain health plan coverage during paid family leave, upon the employee's return from paid family leave, the employee shall be reinstated into the health plan on the same terms the employee had prior to taking leave.
(g) A covered employer shall provide notice of any opportunity to change plans or benefits to an employee on paid family leave.