N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-9.3

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

Section 380-9.3 - Requests for arbitration

(a) A request for arbitration shall be submitted to the dispute resolution forum within 26 weeks of written notice of denial of the claim for paid family leave in the format prescribed by the chair. The party requesting arbitration shall submit a complete copy of the request for arbitration to the other parties to the claim. When it is alleged that the employer did not have paid family leave insurance or was not self-insured, the board shall be sent a complete copy of the request for arbitration. In these cases, the initiating party should send the board the complete copy of the request for arbitration.

(b) When the basis for a dispute is identification of the proper insurance carrier or establishing coverage for a paid family leave period, the carrier, employer, or board on behalf of the special fund for disability benefits, may file a request for arbitration to resolve the dispute.

(1) When the employee's eligibility for benefits is not in dispute, the carrier or employer that has been identified by the board as being responsible for the claim shall make payments to the employee during the family leave period or pendency of the dispute, whichever is shorter.

(2) Such payments are subject to reimbursement upon resolution of the dispute as set forth in section 380-7.7 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-9.3

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