New York State Paid Family Leave (NYPFL) is a crucial benefit that provides eligible employees with job-protected, paid time off to bond with a new child, care for a seriously ill family member, or handle family matters when a family member is called to active military service. Understanding your rights under NYPFL is essential, especially when facing potential pushback from your employer. A common question arises: can an employer deny paid family leave NY? This article clarifies your protections and outlines the steps to take if you believe your rights have been violated.
Understanding Your Protections Under NY Paid Family Leave
The law in New York is clear: employers are legally prohibited from discriminating or retaliating against employees for requesting or taking Paid Family Leave. This protection is fundamental to the NYPFL program, ensuring that employees can access this vital benefit without fear of negative consequences at work. It’s important to understand that NYPFL is a right, not a privilege that employers can arbitrarily grant or deny based on their discretion.
Discrimination or retaliation can manifest in various forms, some subtle and others overt. According to the official guidelines, these actions can include, but are not limited to:
- Refusal to Reinstate: Not returning you to your previous position or a comparable job with the same pay, benefits, and seniority after your leave.
- Termination of Employment: Firing you for requesting or taking NYPFL.
- Reduction in Pay or Benefits: Decreasing your salary, hourly wage, or benefits package because you took leave.
- Disciplinary Actions: Unfairly disciplining, reprimanding, or negatively evaluating you due to your leave.
- Harassment or Hostile Work Environment: Creating an uncomfortable or offensive work environment as a result of your leave.
It is illegal for your employer to take any of these actions against you for exercising your right to Paid Family Leave in New York.
Alt text: Image depicting the Paid Family Leave Discrimination/Retaliation Complaint Form (PFL-DC-120), highlighting employee rights and the process for filing a complaint in case of employer discrimination or retaliation related to NY Paid Family Leave.
What to Do If You Suspect Discrimination or Retaliation
If you believe your employer has discriminated or retaliated against you for requesting or taking Paid Family Leave, it’s crucial to take immediate and appropriate steps to protect your rights. New York State provides a clear two-step process to address these situations.
Step 1: Formal Request for Reinstatement
The initial step is to formally request reinstatement to your previous job, or a comparable one, from your employer. This step is mandatory before proceeding with a discrimination complaint.
How to Request Reinstatement:
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Obtain and Complete Form PFL-DC-119: Download and fill out the Formal Request for Reinstatement Regarding Paid Family Leave (Form PFL-DC-119). This form officially notifies your employer of your reinstatement request.
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File with Your Employer: Submit the completed form directly to your employer, ensuring you have proof of delivery (e.g., certified mail, email receipt).
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Send a Copy to Paid Family Leave: Mail a copy of the form to the Workers’ Compensation Board at:
Paid Family Leave
PO Box 9030
Endicott, NY 13761-9030
Employer Response and Your Options:
Your employer is legally obligated to respond to your reinstatement request within 30 calendar days.
- If Reinstated: If your employer reinstates you to your previous position or a comparable one, and you are satisfied with the outcome, no further action may be necessary.
- If Not Reinstated, Unsatisfied, or No Response: If your employer fails to reinstate you, you are not satisfied with their response, or they do not respond within the 30-day timeframe, you have the right to proceed to Step 2 and request a hearing with the Workers’ Compensation Board. This is a critical step in formally challenging potential discrimination.
Step 2: Filing a Discrimination/Retaliation Complaint
If Step 1 does not resolve the issue, you can file a formal Discrimination/Retaliation Complaint with the Workers’ Compensation Board.
How to File a Complaint:
- Complete Form PFL-DC-120: Fill out the Paid Family Leave Discrimination/Retaliation Complaint Form (PFL-DC-120).
- Attach Required Documentation: Gather and attach all necessary documentation to support your complaint. This may include:
- Your Formal Request for Reinstatement (Form PFL-DC-119) and proof of submission.
- Any communication with your employer regarding your leave and reinstatement.
- Evidence of discrimination or retaliation (e.g., termination letter, pay stubs showing reduced wages, disciplinary notices after returning from leave).
- Submit the Complaint: Send the completed form and documentation to the Workers’ Compensation Board at the address provided on the form.
Hearing and Potential Outcomes:
Once your complaint is filed, the Workers’ Compensation Board will assemble your case and schedule a hearing within approximately 45 calendar days. Both you and your employer will be required to attend this hearing before a Workers’ Compensation Law Judge.
The judge will review the evidence and determine whether a violation of the Paid Family Leave law occurred. If the judge finds in your favor, your employer may be ordered to:
- Reinstate You: Return you to your job.
- Pay Back Wages: Compensate you for lost earnings due to wrongful termination or reduced pay.
- Pay Attorney’s Fees: Cover your legal costs.
- Pay Penalties: Be fined up to $500 for violating the law.
Important Note: Filing a discrimination complaint is contingent upon completing Step 1 (Request for Reinstatement). The Workers’ Compensation Board will not process your complaint without proof that you have first formally requested reinstatement using Form PFL-DC-119 and submitted all required documentation along with your Discrimination/Retaliation Complaint Form (PFL-DC-120).
Know Your Rights and Take Action
Understanding your rights under New York Paid Family Leave is crucial for protecting yourself from potential employer overreach. While employers cannot legally deny you Paid Family Leave or retaliate against you for taking it, knowing the proper procedures to follow if you believe your rights have been violated is empowering. By understanding the reinstatement request and complaint processes, you can confidently navigate any challenges and ensure you receive the benefits and job protection you are entitled to under NYPFL.
If you believe you have been discriminated against, do not hesitate to take action. Utilize the resources provided by the Workers’ Compensation Board and formally address the situation to protect your career and financial well-being.
