It’s time to answer some of the trickier questions about the interaction of the, the New York Paid (PFL) and the state’s Disability Benefits Law (DBL).
Stacking or sequential?
Can an employee save their PFL time and take it after having already taken 12 weeks of FMLA?
It depends on the reason for the leave. The qualifying reasons for FMLA and PFL are like intersecting circles. Some reasons fall under both laws, but some leaves will be covered only by the FMLA, and some will be covered only by PFL.
Example No. 1: 14 weeks off withto spare
Karen takes leave to care for a grandparent with a serious health condition beginning in January 2018 for eight weeks. This is a PFL qualifying reason, but not an FMLA qualifying reason because grandparents are covered family members under PFL, but not the FMLA. When Karen returns to work, she still has her full 12-week entitlement under FMLA.
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