New York Shared Leave Request Form
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How to fill out Shared Leave Request Form?
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FAQ
FMLA stands for Family and Medical Leave Act while PFL stands for Paid Family Leave Act. 2. FMLA is a federal act and is mandatory for all eligible employers to honor it while PFL is a state act applicable in California.
In order to be eligible for FMLA leave, you must have worked for your employer for at least 12 months and for a minimum of 1,250 hours during the 12 months right before your requested leave. If you are eligible, you have the right to take up to 12 weeks of unpaid leave from work within a 12 month period.
The key difference in FMLA vs PFL is that FMLA is not a paid leave. It offers no compensation to employees taking time off. PFL in New York, on the other hand, provides both job protection and income for employees on leave.
To request PFL, the employee requesting PFL must complete Part A of the Request For Paid Family Leave (Form PFL-1). All items on the form are required unless noted as optional. The employee then provides the form to the employer to complete Part B.
In addition, the FMLA only gives covered workers the right to take time off to care for a parent, spouse, or a child, while New York's paid family leave law gives you the right to take time off to care for a longer list of family members.
Employees may take up to 12 weeks of Paid Family Leave in every 52-week period. This means that if you used the full 12 weeks of leave, the next time you would be eligible to take Paid Family Leave again is one year from your first day of leave.
New York State Paid Family Leave provides eligible employees with up to 12 weeks of job protected, paid time off to bond with a new child, care for a family member with a serious health condition, or to assist loved ones when a family member is deployed abroad on active military service.
Request Process. Important Note: An employer cannot discriminate or retaliate against an employee for requesting or taking Paid Family Leave. An employer must reinstate the employee to the same or a comparable position when the employee returns from Paid Family Leave.
In 2016, New York enacted the nation's strongest and most comprehensive Paid Family Leave policy so working families would not have to choose between caring for their loved ones and risking their economic security.
While the two benefits cannot be taken at the same time, eligible employees can choose how they can use both benefits to support the needs of their families.
