A regulation to cap the number of days Paid Family Leave workers can use intermittently will take effect this winter. The New York State Workers Compensation Board has formally adopted it with an effective date of Jan. 1, 2022. This will affect both your employer clients and your agencies.
The adopted regulation is identical to the one the board proposed last May, which we reported on at the time. While the law and previous Paid Family Leave regulations express the amount of permitted leave in terms of weeks, some workers may need to take leave in increments of days (for example, to care for elderly family members on days when home health care is not scheduled.) The new regulation clarifies that the number of days allowed is the average number of days worked per week multiplied by 12 as of January 1, 2021. It applies to new Paid Family Leave claims made on and after Jan. 1, 2022.
Download the regulation's text