Paid Family Leave (PFL)

This policy applies to:听Eligible faculty, staff, residents, fellows, postdoctoral appointees and student employees (undergraduate students employed through Student Employment and graduate students not paid a stipend or fellowship in furtherance of their degree)⁽¹⁾ who work in New York State.⁽²⁾

⁽¹⁾ Faculty, residents, graduate students, and postdoctoral appointees should refer to their respective policy manuals for information about leaves in addition to PFL that may pertain to their specific appointments.

⁽²⁾ Employees working outside of New York State should contact Leave Administration to determine eligibility for leave in accordance with the laws of the state where they work.

Table of Contents

I. Policy

In accordance with the , which became effective January 1, 2018, all eligible employees will receive partial wage replacement when requesting Paid Family Leave (PFL) to:

A. Provide physical or psychological care for a spouse, domestic partner, child, parent, sibling, grandparent or grandchild with a serious health condition. This includes 鈥渋n-laws,鈥� 鈥渟tep,鈥� and 鈥渋n loco parentis鈥� relationships.

B. Bond with a child during the first 12 months following birth, adoption, or foster placement.

C. Attend to a qualified military exigency or an impending call to active duty (as defined under the Family Medical Leave Act) of a covered service member who is a spouse, domestic partner, child or parent of the employee.

PFL cannot be used to address issues related to the employee鈥檚 own health condition.

The University will not interfere with, restrain or deny an employee鈥檚 PFL rights. The University will not discriminate or retaliate against any employee for requesting, taking, or attempting to take leave to which they are entitled under the PFL law.

II. Eligibility

A. To be eligible for PFL, employees must meet the following work criteria:

Work a regular schedule of 20 or more hours per week and have worked for at least 26 consecutive workweeks, OR
Work a regular schedule that is less than 20 hours per week and have worked for at least 175 days.

B. The use of scheduled vacation time, PTO, sick, holidays or other time away from work that has been approved, or other periods where the employee is away from work but is still considered to be active, count as continuous weeks of employment or days worked for purposes of eligibility. Absences during which the employee is receiving disability benefits (short-term or long-term disability) are not counted as continuous weeks of employment or days worked for purposes of meeting the work criteria for PFL eligibility.

C. Once qualified for PFL, an employee will remain eligible (even if their standard hours are reduced) until their employment with the University ends. If an employee separates from the University and is rehired, then the employee must again satisfy the work criteria listed above before becoming re-eligible.

D. Each eligible employee may qualify for a combined total of 26 weeks of short-term disability leave and PFL in one 52-week period. The maximum amount of this leave that can be PFL is described in Section IV.

III. Definitions

鈥淐丑颈濒诲鈥� for purposes of PFL, means a biological, adopted, or foster child; stepchild; legal ward; child of a domestic partner; or a child of a person acting in the capacity of a parent (i.e., in loco parentis). The child may be older than 18 years of age.

鈥淒ay of Paid Family Leave鈥� means any full day in which the employee was prevented from performing work because the employee used paid family leave.

鈥淒omestic Partner鈥� means an individual who is at least 18 years of age, who is not related by blood to the employee in a fashion that would bar marriage to the employee in New York, and who is either (1) registered as the employee鈥檚 domestic partner; or (2) an individual who is dependent on the employee as defined by New York law.

鈥淕谤补苍诲肠丑颈濒诲鈥� means a child of the employee鈥檚 child.

鈥淕谤补苍诲辫补谤别苍迟鈥� means a parent of the employee鈥檚 parent.

鈥淚ntermittent leave鈥� means leave which is taken in individual days and not in blocks of time.

鈥淧补谤别苍迟鈥� means biological, foster or adoptive parent; parent-in-law; stepparent; legal guardian; or other person who stood in loco parentis to the employee when the employee was a child.

鈥淧roviding Care鈥� includes providing necessary physical care, emotional support, visitation, assistance in treatment, transportation, arranging for a change in care, assistance with essential daily living matters and personal attendant services, and requires that the employee must be in close and continuing proximity to the care recipient.

鈥淨ualifying Exigency鈥� has the meaning as provided in the federal Family and Medical Leave Act, and may include the need to address issues arising from short-notice deployment, attending certain military events and related activities, arranging for alternative childcare, providing care for the parents of the service-member who are incapable of active care, addressing certain financial and legal arrangements, attending certain counseling sessions, spending time with a covered service-member who is on a short-term temporary rest and recuperation leave during deployment, attending post-deployment activities, and other activities that the employee and the employer agree upon.

鈥淪erious Health Condition鈥� means an illness, injury, impairment, or physical or mental condition that involves either: (a) an overnight stay in a hospital, hospice, or residential health care facility, or (b) continuing treatment or continuing supervision by a health care provider as defined by law.

鈥沦颈产濒颈苍驳鈥�听means brother or sister includes biological, adopted, step and half-sibling of the employee.

鈥淭he Carrier鈥� means Hartford Insurance, which insures the University鈥檚 PFL benefits.

IV. Scope, Guidelines, Conditions and Limitations

A. Length of Leave and Amount of Payment

1. During the calendar year beginning on January 1, 2021, an eligible employee may request up to12 weeks of PFL. The employee will be compensated at the rate of 67% of the employee鈥檚 average weekly wage, but the maximum rate of compensation that any employee can receive is 67% of the New York Statewide Average Weekly Wage (NYSAWW). The employee鈥檚 average weekly wage will be calculated over the 8-week period preceding the leave.

Effective Date	Maximum Leave Amount	Benefit Amount	Maximum Benefit
January 1, 2021	12 weeks or 60 days	67% of employee鈥檚 AWW	67% of NYSAWW

(If New York State delays or alters any of the increases described above, the University reserves the right to modify the benefit schedule so it is consistent with the law.)

2. Employees who take PFL in weekly increments are eligible for the maximum number of weeks of leave, as indicated in the above chart, using a 52-week look back period.

B. Intermittent Use

Eligible employees may take PFL on an intermittent basis in full-day increments. Employees may not take partial-day PFL.
Employees who take PFL intermittently are eligible for paid leave based on the average number of days worked per week during the 8-week period prior to the period of leave. For example, a part-time employee who works three days per week during the eight weeks preceding the leave would be entitled to 36 days of PFL in 2022 (12 weeks X 3 days per week). The same is true for a full-time nurse who works three days per week, 12 hours per day, the entitlement would be 36 days.
When an employee is approved for and takes intermittent PFL, the employee must provide notice per the normal call-in policies and procedures established by the employee鈥檚 supervisor. The employee must indicate to the supervisor that the time is to be counted towards PFL at the time of the request. The employee must also provide notice of each PFL day to the Carrier (Hartford). Employees who request a PFL day and later learn that they will not need to use said PFL day after all must notify the Hartford and their supervisor as soon as possible prior to using the PFL day unless the circumstances of the situation would render providing such advance notice impossible or impracticable. Once taken, the PFL day cannot be changed back to vacation or sick time. However, if the employee works on a scheduled PFL day the employee must notify Hartford and refund the PFL payment and record work time in myURHR-UKG to be paid for time worked.听
An employee鈥檚 use of intermittent FMLA leave on a partial-day basis may, under certain circumstances, reduce an employee鈥檚 PFL benefit amount. Specifically, when an employee takes partial-day intermittent FMLA leave during a 12-month period, when that partial leave, added together, equals the number of hours in an employee鈥檚 usual workday, the University may deduct one day of PFL benefits from the employee鈥檚 annual PFL benefit allotment. This may only occur when the leave under FMLA also is a qualified leave under PFL.

C. Conditions and Limitations

An employee may not be entitled to be paid for PFL under the following circumstances:
1. The employee otherwise received full pay;
2. The employee performed any work for pay on that day;
3. The employee is receiving workers鈥� compensation or disability benefits; or
4. The employee does not provide the required notice or certification, as described below.
For all PFL, the 52-week period is a 鈥渞olling鈥� 52-week period, measured backward from each day that leave is taken.

D. Funding and Contributions for PFL Benefits

PFL payments are provided by the Carrier.
Determining an Employee鈥檚 PFL Contribution
1. In accordance with New York law, PFL benefits are funded by employee contributions, which are made through automatic payroll deductions from employees鈥� paychecks. These payroll deductions will be collected from employees鈥� after-tax wages. PFL benefits paid to employees will be taxable, non-wage income that must be included in federal gross income.
2. Employees must continue to make PFL contributions while using PFL.
3. Employee contributions are calculated on a weekly basis at the rate set by the New York State Department of Financial Services (鈥淒FS鈥�). This rate is adjusted annually by DFS. (see Leave Administration website for PFL deduction information)
4. Employees who do not expect to become eligible for PFL based on the eligibility criteria described in Section II may sign a waiver opting out of PFL benefits. When an employee鈥檚 schedule changes such that they will be able to attain eligibility for PFL, the waiver will be revoked. At that time, a notice will be provided to the employee to alert them that PFL deductions will begin and will be applied retroactively to their hire date (or to January 1, 2018, whichever is later).

E. Procedures

Employees must call their claim into the Carrier (866) 548-3101 who will explain the process and send the employee an acknowledgement letter along with applicable certification forms to the employee. For any type of foreseeable PFL, an employee must provide at least 30 days鈥� notice before the leave begins.
If the employee is unable to foresee the need for PFL 30 days in advance, then the employee must give notice as soon as practicable and must follow usual and customary call-in procedures for reporting an absence, absent unusual circumstances. If an employee does not give timely notice, the employee鈥檚 PFL benefits may be delayed or denied.
The Carrier will request the employer information from Leave Administration, which will be provided directly to the Carrier within 3 business days.
Supervisors who are aware of an employee who seeks leave for a qualifying event, but does not expressly request PFL, should direct the employee to the Leave Administration website, and encourage them to seek PFL benefits, if applicable. If a supervisor is aware that an employee has been absent from work for a PFL-qualifying reason, the supervisor must immediately notify hrpaidfamilyleave@ur.rochester.edu.
The Carrier will provide oversight of PFL claims and will approve or deny the request for PFL. The Carrier may require the employee to complete a certification and/or submit additional documentation to support the request for leave. Certification forms and documentation vary by leave type. The Carrier will provide guidance to the employee regarding what forms may be needed to complete the request for PFL.
Once the Carrier receives a completed request for PFL leave from the employee, with the necessary certification, the Carrier should either pay or deny the claim within 18 days of receipt of the completed claim.
The Carrier will determine the approved period of PFL and will advise the employee, the supervisor, and Leave Administration of the approved PFL. The Carrier will pay the PFL benefit directly to the employee.
Employees have the option of supplementing their PFL benefits with accrued time (where available).
1. An opt-in form will need to be completed by employees to alert Leave Administration of the desire to use accrued time to supplement this leave. All accruals (if available) will be paid out through an automated process during regular pay period cycles for up to 12 weeks of the leave in the following order: vacation then PTO or sick (whichever is applicable to the employee).听 Once balances are exhausted, the time out under PFL will only be paid via the Hartford payments. For individuals whose vacation balances are maintained outside of myURHR (e.g. faculty, postdoctoral appointees, residents, etc.) department coordinators will issue vacation payment via a one-time payment in myURHR– Workday.
2. For individuals taking PFL intermittently, timekeepers will enter the appropriate myURHR-UKG pay code for each day PFL is taken (see myURHR QRC). Use of accrued time to supplement individual PFL days will follow the same guidance as noted above.
3. Importantly, when supplementing PFL benefits with accrued time, it may be that an employee鈥檚 total benefit (PFL + accrued time) does not equate to a full day of regular pay. This is because:
  1. PFL benefits are capped at the state鈥檚 average weekly wage, which may be less than the employee鈥檚 actual weekly wage. See section IV(A)(1), above.
  2. For purposes of calculating the amount of accrued time that will be applied for each day of PFL, a 鈥渄ay鈥� of accrued time equals one-fifth the employee鈥檚 standard weekly work hours. An employee鈥檚 standard weekly work hours are reflected in the听myURHR-Workday system. As of January 1, 2021, 33% of this 鈥渄ay鈥� of vacation will then be paid to the employee for each day of PFL.听Thus, adding this amount to an employee鈥檚 PFL benefit may not equate to a full day of regular pay.
To the extent permitted by law, employees may elect to use accrued time (where available) and receive full pay instead of applying for PFL payment. In such cases, the time off, which otherwise qualified as PFL, will still be counted towards the annual PFL entitlement. In these cases, Leave Administration should be consulted.

⁽³⁾ The average weekly wage is defined annually by New York State, and is 67% as of January 1 2021.

V. Benefits During Leave

A. PFL, Family Medical Leave and Disability Leave

If an employee takes PFL for an event that also qualifies under the Family Medical Leave Act (鈥淔MLA鈥�), the employee鈥檚 PFL will run concurrently with the employee鈥檚 available FMLA entitlement.
Employees cannot use PFL and short-term disability benefits at the same time, but may use them consecutively. Employees are limited to a maximum of 26 weeks of disability and PFL benefits combined in a rolling 52-week period.

B. Continuation of Group Health Plans during PFL

During an approved leave under PFL, the employee鈥檚 coverage under the University鈥檚 group health insurance plan (health and dental) will continue as if the employee had not been on leave, unless the employee signs a form(s) canceling the coverage(s). As such, an employee is required to continue paying the employee鈥檚 portion of the cost of coverage during any leave under PFL (unless an employee elects not to continue any of the employee鈥檚 medical or other group insurance coverages). If the employee supplements PFL with accrued time, health care premiums will be deducted. However, if this pay does not cover health care deductions or there is no supplement to PFL time off paid through the employer鈥檚 payroll, unpaid health care premiums will be deducted from the employee鈥檚 paycheck upon their return to work.
If the University advances the employee鈥檚 share of the premiums to continue benefits during leave, and the employee does not make the required premium payment, then under certain circumstances, an employee may be required to reimburse the University from other available pay during leave or after returning to work.
Benefits coverage may cease if an employee鈥檚 premium payment is overdue. The University will notify the employee in writing at least 15 days before coverage is to cease, advising that coverage will be dropped on a specified date at least 15 days after the date of the letter, unless payment has been received by that date.
If an employee chooses not to retain group health plan coverage during PFL leave, then upon the employee鈥檚 return from leave, the employee shall be reinstated into the health plan on the same terms the employee had prior to taking leave.

C. Continuation of Other Benefits During PFL

The following plans continue for active faculty and staff, if the employee was eligible and enrolled prior to going out on PFL: Long-Term Disability, Life Insurance, Retirement Program, and Tuition Benefits. The employee is required to continue paying their portion of the cost of coverage during any PFL leave. Specific benefit questions can be directed to the Total Rewards office.
An employee鈥檚 use of PFL will not result in the loss of any employment benefits that accrued prior to the start of the employee鈥檚 PFL (unless accrued benefits, such as paid time off, were used during PFL leave). The employee will generally not accrue any sick time, PTO, or vacation time during a PFL leave, unless otherwise required by law. However, if the employee works on the first day of the pay period, accruals will occur during that pay period.
Employees are not paid for a University observed holiday when PFL is taken on a University observed holiday. However, if the employee uses intermittent PFL during a week with a University holiday, but the actual leave does not fall on the holiday, the standard holiday policy applies (see Policy 330: Holidays).

VI. Job Protection and Return from Paid Family Leave

If an employee is able to return to work at or before the end of the applicable PFL leave period, an employee will be entitled to return to the same position the employee held when leave began, or to a comparable position. The department may temporarily fill the position during the employee鈥檚 absence. Termination of employment may occur while the employee is on leave if, for example, there is a layoff or reduction in force, or for cause that would otherwise support dismissal if the employee was actively working.

VII. Other Terms and Conditions

The policies and guidelines stated in this policy shall be subject to such other terms and conditions as are provided in the New York State Paid Family Leave Benefits Law, their respective implementing regulations, and any other applicable federal, state, and local leave laws, and the PFL certificate of insurance or governing plan documents. Employees who have questions about their exercise of PFL rights should contact their Human Resources Business Partner or Leave Administration at hrpaidfamilyleave@ur.rochester.edu.

See also:

The University reserves the right to modify, amend, or terminate the Paid Family Leave policy at any time, including actions that may affect coverage, cost-sharing, or covered benefits, as well as benefits that are provided to current and future retirees. A paper copy of this information is available for free from the Leave Administration Office. The plan documents will govern in the event of any discrepancies.

About This Policy

Policy Number: 267
Policy Group: Human Resources
Issuing Authority: Human Resources
Responsible Officer: Kathy Miner
Contact Information: kathy.miner@rochester.edu

Additional Resources

Human Resources: Leave and Disability

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