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Paid Family Leave for Military Families

Paid Family Leave for Military Families
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What is Military Family Support Leave?

You can take Paid Family Leave when you need time to assist with family situations arising when your

  • spouse,
  • domestic partner,
  • child, or
  • parent

is on active service in a foreign country or has been notified of an impending call or order of active service to a foreign country. You can take Paid Family Leave for the same reasons you can take military-related leave under the Federal Family and Medical Leave Act (FMLA), which may include:

  • Short-notice military deployment;
  • Military events, which may include official ceremonies or informational briefings related to the active duty;
  • Military member’s rest, recuperation or counseling;
  • Post-deployment activities, which may include arrival ceremonies and reintegration events;
  • Making financial/legal arrangements; or 
  • Making child care arrangements for the military member’s child.

 

Some important information on Paid Family Leave for military events:

  • You cannot use Paid Family Leave for your own qualifying military event.
  • Paid Family Leave can be used to make arrangements for the military member’s child,  as well as urgent, non-routine childcare by the family member.
  • Your employer’s insurance carrier will receive and process requests for Paid Family Leave, and make your benefit payments.

 

In 2019, you may be eligible to take up to 10 weeks of Paid Family Leave.  See below for complete instructions on how to apply.

 

Estimate your Paid Family Leave benefits

 2019 Wage Benefits Calculator

2020 Wage Benefits Calculator

How to Apply

Requesting Paid Family Leave is easy. Start by planning your leave:

  • Leave can be taken either all at once or intermittently, but must be taken in full-day increments. Note: If you take intermittent leave and more than three months pass between days of Paid Family Leave, your next day or period of PFL is considered a new claim under the law. This means you will need to submit a new Request for Paid Family Leave.
  • You must notify your employer at least 30 days before the start of leave if foreseeable; otherwise, notify them as soon as possible.
  • Employees who hold more than one job may take Paid Family Leave from both jobs, but they must do so with both employers at the same time.

 

Once you're ready to apply, follow these three steps:

  1. COLLECT YOUR FORMS AND DOCUMENTATION
    The forms are available from your employer, employer’s insurance carrier or you may download: Assist Families in Connection with a Military Deployment (Forms PFL-1 & PFL-5)

    Required Forms
    To request military service-related leave, you’ll need the following forms:
    Request for Paid Family Leave (Form PFL-1)
    Military Qualifying Event
    (Form PFL-5)

    Required Documentation
    You will need to verify your family member’s service with one of the following:
  • covered active duty orders,
  • letter from the military unit documenting impending call or order to covered duty, or
  • documentation of military leave signed by the approval authority for the military member’s Rest and Recuperation.

     If leave is requested to meet with a third party, such as a school official, counselor, or attorney, you must provide documentation of the meeting that includes:
    • The name, address and contact information of the individual or entity with whom you are meeting
    • A description of the meeting

The last page of Form PFL-5 has a template you can use to document these meetings.

  1. COMPLETE & ATTACH
    • FORM PFL-1
      Form PFL-1 has sections that need to be completed by you and by your employer.
      1. Fill out your section.
      2. Make a copy and give the form to your employer.
        • Your employer is required to return Form PFL-1 to you within three business days.
        • If your employer fails to return the form to you, submit the Form PFL-1 that you have filled out, along with the rest of your request package, to your employer’s insurance carrier.
           
    • FORM PFL-5
      1. Complete Form PFL-5.
      2. Attach copies of your supporting documentation.
         
  2. SUBMIT TO INSURANCE CARRIER
    You must submit your completed request package to your employer's insurance carrier within 30 days after the start of your leave to avoid losing benefits.

    If you cannot get documentation to support a leave request within this timeframe, the insurance carrier can deny the request. 

    Mail or fax your Form PFL-1, Form PFL-5, and all supporting documentation to your employer’s insurance carrier.

    To find out who your employer’s insurance carrier is, you can:
    • Look for the Paid Family Leave poster in your workplace.
    • Ask your employer.
    • Search your employer’s name to look up their insurance carrier.

Employer Search

 

If you cannot find your employer’s insurance carrier, call the Paid Family Leave Helpline for assistance: (844) 337-6303. The Helpline is available Monday through Friday, 8:30 a.m. to 4:30 p.m.

If you believe your employer is uninsured, you can submit your request for Paid Family Leave to the NYS Workers’ Compensation Board:

NYS Workers’ Compensation Board
Paid Family Leave
PO Box 9030,
Endicott, NY 13761-9030
 

In most cases, the insurance carrier must pay or deny benefits within 18 calendar days of receiving your completed request or your first day of leave, whichever is later. Your request cannot be considered incomplete solely because your employer failed to fill out Form PFL-1 Part B within three business days.

If you have a question regarding the status of your request, contact your employer's insurance carrier.

 

If you disagree with the insurance carrier's decision: 

You may request arbitration for a denial or any other PFL claim-related dispute, such as timeliness of the carrier’s payment. 

Arbitration for Paid Family Leave is handled by NAM (National Arbitration and Mediation).

If you are denied or partially denied for Paid Family Leave, your insurance carrier (or employer, if self-insured) must provide you with the reason for denial and information about requesting arbitration, or you can visit the arbitrator’s website at www.nyspfla.com.

If your request for Paid Family Leave is denied and you have already started your leave, you are not considered to be on Paid Family Leave, and it will be up to your employer to determine how to treat the time off.  

 

 

For details on how to request arbitration view:

Your Rights and Protections

 

If you need further assistance, call the Paid Family Leave Helpline at (844) 337-6303.

Getting Paid

In most cases, the insurance carrier will pay benefits or deny your claim within 18 days of receiving your completed request or your first day of leave, whichever is later. After the initial payment, payments are made biweekly. Your insurance carrier may provide options for how you will be paid, for example, via direct deposit, debit card or paper check.

Note: Pursuant to the Department of Tax Notice No. N-17-12 [PDF], Paid Family Leave benefits are taxable. Taxes will not automatically be withheld from benefits, but employees can request voluntary tax withholding. Questions related to the taxability of Paid Family Leave contributions should be referred to the NYS Department of Taxation and Finance.

Required Documentation

You will need to verify your family member’s service with one of the following:

  • covered active duty orders,
  • letter from the military unit documenting impending call or order to covered duty, or
  • documentation of military leave signed by the approval authority for the military member’s Rest and Recuperation.

     If leave is requested to meet with a third party, such as a school official, counselor, or attorney, you must provide documentation of the meeting that includes:
    • The name, address and contact information of the individual or entity with whom you are meeting
    • A description of the meeting

The last page of Form PFL-5 has a template you can use to document these meetings.

Contact PFL Helpline

For more information, call the Paid Family Leave toll-free helpline Monday-Friday, 8:30am – 4:30pm EST.

Contact us by phone: