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August 07, 2017

School districts and other public employers in New York State may be considering providing paid family leave pursuant to the State's Paid Family Leave Act


School districts and other public employers in New York State may be considering providing paid family leave pursuant to the State's Paid Family Leave Act
Source: Shannon K. Buffum, Esq. writing for Harris Beach, PLLC's New York Municipalities Blog

Most private employers in New York State will be required to provide benefits under the New York Paid Family Leave Act [PFLA] effective January 1, 2018. In contrast, a public employer, including a school district, is not mandated to provide PFLA benefits but may to do so if it wishes. 

Ms. Buffum notes that "In the event a public employer currently provides disability benefits, but decides to not offer paid family leave benefits,  the public employer must notify its employees and the Workers’ Compensation Board of this decision no later than December 1, 2017."

However, in her PFLA article, posted on the Internet at: https://www.harrisbeach.com/new-york-municipalities-blog/caution-warranted-school-districts-considering-paid-family-leave/, Ms. Buffum also notes that some school districts in the state may be considering providing benefits for their officers and employees under the PFLA.

Workers' Compensation Board regulations implementing the Act, 12 NYCRR 355, et. seq.*, are posted on the Internet at http://www.wcb.ny.gov/PFL/pfl-regs.jsp.

It should be remembered that a public employer's unilaterally providing or withdrawing a benefit that constitutes a negotiable term or condition of employment may have committed an improper practice within the meaning of the Taylor Law [Civil Service Law Article 14].

* The Statutory Authority for promulgating 12 NYCRR 355, et. seq., is cited as Workers' Compensation Law §§117, 205, 221 and 206.

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