N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-2.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 380-2.6 - Family leave waiver

(a) An employee of a covered employer shall be provided the option to file a waiver of family leave benefits:

(1) when his or her regular employment schedule is 20 hours or more per week but the employee will not work 26 consecutive weeks; or

(2) when his or her regular employment schedule is less than 20 hours per week and the employee will not work 175 days in a 52 consecutive week period.

(b) Within 8 weeks of any change in the regular work schedule of an employee that requires the employee to continue working for 26 consecutive weeks or 175 days in a 52 consecutive week period, any waiver filed under this section shall be deemed revoked. An employee of a covered employer whose waiver has been revoked shall be obligated to begin making contributions to the cost of family leave benefits, including any retroactive amounts due from date of hire, pursuant to section 209 of the Workers' Compensation Law, as soon as the employee is notified by the covered employer of such obligation.

(c) The covered employer shall keep a copy of the fully executed waiver on file to be produced at the request of the chair, for as long as the employee remains in employment with the covered employer.

(d) An employee as described in subdivision (a) of this section who elects not to enter into a waiver shall make regular family leave benefit contributions for the full duration of his or her employment with the covered employer, and the covered employer shall be obligated to provide family leave benefits for such employee when he or she is eligible pursuant to this Title.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-2.6

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