N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-6.2

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

Section 380-6.2 - Use of accruals for family leave benefits and reimbursement

(a) In the event an employer offers, and the eligible employee exercises, an option to charge all or part of his or her family leave time to unused accruals or other paid time off and receive full salary, the employer may request reimbursement out of any family leave benefits due or to become due by filing its claim for reimbursement with the carrier prior to the carrier's payment of such family leave benefits. The actual reimbursement amount may be computed after family leave is complete.

(b) With the election of this option, the employee shall receive the full protection of the reinstatement provision set forth in section 203-b of the Workers' Compensation Law.

(c) An employer covered by the FMLA (29 U.S. Code chapter 28) that designates a concurrent period of family leave under section 380-2.5(g) of this Part may charge an employee's accrued paid time off in accordance with the provisions of the FMLA.

(d) In no event can an employee utilize family leave beyond 12 weeks, or the maximum duration permitted as set forth in paragraph (a) of subdivision 2 of section 204 of the Workers' Compensation Law, per any consecutive 52-week period.

(e) This section may not be construed in a manner that relieves an employer of any duty of collective bargaining the employer may have with respect to the subject matter of this section.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-6.2

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