N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-5.1

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

Section 380-5.1 - Requesting paid family leave

An employee wishing to make a claim for paid family leave must complete the request for paid family leave in the format prescribed by the chair (currently the form PFL-1) or give notice of a claim in another format designated by the carrier or self-insured employer, including using an electronic portal or by telephone. A carrier or self-insured employer that designates another format for filing a request for family leave must continue to accept the request for paid family leave in the format prescribed by the chair, in addition to any other designated format. Any method of filing a request for family leave designated by a carrier or self-insured employer must solicit the same information as the request for paid family leave (form PFL-1), parts A and B. The chair shall have discretion to mandate the means of transmission of a claim, including an electronic portal maintained by carriers or the board for receipt of family leave claims. Any such mandate by the chair shall contain a means for transmission available to employees that do not have the means to submit via the mandated method.

(a) Once the employer receives a request for family leave from an employee, the employer shall complete the employer information contained in part B of the request for paid family leave (currently form PFL-1), or any other carrier or self-insured employer designated format, and return it to the employee within three business days.

(b) The employee shall submit the request for family leave together with the information supplied by the employer, and with any necessary certifications or proof of claim documentation, medical or otherwise, to the carrier or designated third-party administrator. The carrier or self-insured employer must accept certification and proof of claim forms in the format prescribed by the chair (currently forms PFL-2, 3, 4, and 5), but may also accept certifications in another format that complies with the requirements of sections 380-4.2, 380-4.3, and 380-4.4 of this Part.

(c) An employee must submit a completed request for paid family leave to the carrier. No benefits shall be required to be paid by the carrier until the completed request for paid family leave, together with any necessary certifications or proof of claim documentation, has been submitted to the carrier.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-5.1

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