Purpose

The purpose of this policy is to outline Hofstra University’s compliance with the New York State Paid Family Leave (PFL) Law and to provide eligible employees with information regarding their rights, responsibilities, eligibility, benefits, and procedures for requesting Paid Family Leave. The University is committed to supporting employees who need time away from work for qualifying family and military-related reasons while ensuring compliance with applicable state and federal laws.

Scope

This policy applies to all eligible administrative, staff, and student employees of Hofstra University who meet the eligibility requirements established under the New York State Paid Family Leave Law. Faculty members are excluded from coverage under the law. This policy describes the qualifying reasons for leave, employee eligibility, benefit coordination, notice and documentation requirements, continuation of benefits, job restoration rights, and other provisions governing Paid Family Leave. Where applicable, Paid Family Leave will run concurrently with leave provided under the federal Family and Medical Leave Act (FMLA). In the event of any conflict between this policy and applicable law, the requirements of the New York State Paid Family Leave Law shall govern.

Policy

Hofstra University is committed to providing eligible employees with leave afforded under New York’s Paid Family Leave Law. Effective January 1, 2018, New York State Paid Family Leave (PFL) provides eligible administrative, staff, and student employees with partially paid, job-protected leave in certain qualifying circumstances. Paid Family Leave is entirely employee-funded through a small employee payroll deduction as set by the Paid Family Leave Law.

PFL is available under the following qualifying circumstances as further set forth in the PFL:

• To bond with a new child (biological, adopted, or foster child) within the first 12 months after birth, adoption or placement

• To provide physical or psychological care to a family member with a serious health condition. A serious health condition, as further set forth in the PFL, is an illness, injury, impairment, or physical or mental condition that involves: inpatient care in a hospital, hospice, or residential healthcare facility; or continuing treatment or continuing supervision by a healthcare provider. Continuing treatment means a period of more than three consecutive full days during which a family member is unable to work, attend school, perform regular daily activities, or is otherwise incapacitated due to illness, injury, impairment, or physical or mental conditions, and any subsequent treatment or period of incapacity relating to the same condition, that also involves: (a) treatment two or more times by a healthcare provider; or (b) treatment on at least one occasion by a healthcare provider, which results in a regimen of continuing treatment under the supervision of the healthcare provider.

• To address a qualifying exigency when the employee’s child, spouse, parent, or domestic partner is called to covered active military service in the United States armed forces. A qualifying exigency is interpreted consistent with the federal Family Medical Leave Act (e.g., attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, and attending post-deployment re-integration briefings).

Where applicable, PFL will run concurrently with Family Medical Leave (FMLA). Employees may take leave in continuous or intermittent full-day increments. Employees may not designate partial days as leave under PFL.

PFL is not available for the employee’s own health condition or qualifying military event; employees may not receive PFL and disability benefits at the same time; and the University is not required to provide the same PFL to two or more employees at the same time to care for the same family member.

Employees are not required to exhaust accrued, unused University vacation/leave time when taking PFL,. Employees may, however, elect to charge all or part of their family leave time to unused, accrued University vacation/leave time and receive their full salary. In such an event, the University is entitled to receive and recoup any New York State PFL payments to which the employee would have been entitled. Employees will not accrue University vacation/leave time while out on Paid Family Leave.

Eligibility

Eligibility is governed by state law. In general, administrative, staff, and student employees who work more than 20 hours per week and have been employed for a minimum of 26 consecutive weeks are eligible for PFL benefits. State law excludes faculty as covered employees. Employees who work less than 20 hours per week become eligible for PFL benefits after 175 days of work. Use of vacation, personal, or sick time counts as workweeks or days of work. Periods of temporary disability taken under Article 9 of the Workers’ Compensation Law do not count as workweeks or days of work.

Employee Responsibilities

To apply for PFL, an employee must provide the University with at least 30 days advance notice from the requested leave date. Foreseeable qualifying events include, for example, an expected birth, placement for adoption, or foster care; planned medical treatment for a serious health condition of a family member; the planned medical treatment for a serious injury or illness of a covered service member; or other known military exigency. Where such notice is not possible, the employee must provide notice as soon as practicable and must comply with normal call-in procedures. When an employee becomes aware of a qualifying event less than 30 days in advance, it should be practicable for the employee to provide notice of the need for leave either the same day or the next business day. When an employee takes intermittent PFL (which may not be taken in partial day increments), the employee must provide notice as soon as practicable before each day of intermittent leave.

An employee shall provide notice sufficient to make the University aware of the qualifying event and the anticipated timing and duration of the requested leave. The employee shall identify the type of family leave when providing notice to the University.

To apply, please contact the Office of Human Resources who will provide you with the forms that need to be completed within 3 business days of your providing notice of request for PFL.

Protection of Health Insurance Benefits

While on PFL, an employee’s health insurance coverage will be maintained in the same manner as during the employee’s active employment status. Employees are responsible for paying their share of health insurance premiums while on leave. If the premiums are raised or lowered during PFL, the employee is required to pay the new premium rates. In some instances, the University may recover premiums it paid to maintain health coverage for an employee who fails to return to work from PFL.

The University’s obligation to maintain health insurance coverage ceases under PFL if an employee’s premium payment during the period of leave is more than 30 days late. The University will provide written notice to the employee at least 15 days before the coverage is to cease, that coverage will end on a specified date at least 15 days after the date of the letter unless payment has been received by that date.

If the employee chooses not to retain health plan coverage during PFL, they may have their health coverage reinstated to the same plan and level of coverage as prior to taking PFL upon return from PFL.

Return to Work

Employees returning from PFL leave will be reinstated to the employees’ position of employment held when the applicable leave commenced, or to a comparable position with comparable employment benefits, pay, and other terms and conditions of employment. The University may hire a temporary replacement during the employees’ leave period.

Right to Waive PFL

Employees whose regular employment schedule is (a) 20 hours or more per week but they will not work 26 consecutive weeks; or (b) less than 20 hours per week and they will not work 175 days in a 52 consecutive week period have the option to waive family leave benefits. In order to waive these benefits, and avoid the corresponding payroll deductions, eligible employees must complete a waiver of benefits form. This waiver is optional. Employees who complete a waiver will not contribute to Paid Family Leave through payroll deductions and will not be eligible to take Paid Family Leave. If the employee’s schedule changes and they qualify for Paid Family Leave (e.g., they work 20 hours or more a week and work over 26 consecutive weeks), the waiver is automatically revoked and the employee is responsible for paying any required Paid Family Leave contributions from the first day of employment. Waiver forms are available in the Office of Human Resources.

For more information on PFL, please contact the Office of Human Resources or go to the New York State Paid Family Leave website. All rights and obligations are subject to New York State Paid Family Leave Law.

NYS Paid Family Leave FAQs

These FAQs are for general, informational purposes only and may not be relied upon as setting forth rights or obligations. All rights and obligations are subject to NY Paid Family Leave Law.

What is Paid Family Leave (PFL)?

In general, New York’s Paid Family Leave program provides partial wage replacement to non-faculty employees to help them bond with a child, care for a close relative with a serious health condition, or help relieve family pressures when someone is called to active military service. Leave for faculty, who are excluded from PFL coverage by the governing NY state law and who therefore are not subject to any resulting payroll deduction, is governed by other University policies.

Who pays for the Paid Family Leave?

New York’s Paid Family Leave program is designed to be entirely employee-funded. That is, the benefit is paid for by (non-faculty) employees. Hofstra University will collect the cost of Paid Family Leave through payroll deductions. The maximum employee contribution in 2026 shall be capped at 0.432% of the New York State Average Weekly Wage currently set at $1,833.63. Thus, the maximum weekly employee contribution is $7.92 which is a maximum of $411.91 per employee on an annual basis.

Can PFL be waived?

In limited circumstances it can be waived. Paid Family Leave is a mandatory benefit for employees. You may opt out of paying PFL payroll contributions if you do not expect to work long enough to qualify for PFL. As more fully set forth in the law, the only employees who can file a waiver for contributions are those that expect to work less than 26 weeks (i.e. – six months) in a 52-week period (if working 20 or more hours per week) or 175 days in a 52-week period (if working less than 20 hours per week).

What happens if I waive PFL and then later become eligible for it?

If your schedule changes and you are expected to qualify for PFL, the waiver is automatically revoked and you are responsible for paying any required PFL contributions from the first day of employment.

I am collecting Disability Benefits. Will I be able to use Paid Family Leave?

Paid Family Leave is not available for your own health condition. If you are not working and are collecting Disability benefits, you may not use Paid Family Leave.

I am collecting workers’ compensation. Will I be able to use Paid Family Leave?

Paid Family Leave is not available for your own health condition including injuries or illnesses that arise out of the course of your employment. If you are not working and are collecting workers’ compensation, you may not use Paid Family Leave.

I am pregnant. Will I be able to receive Paid Family Leave during my pregnancy?

No. PFL may be available after the birth of your child; see first question above.

I am on leave recovering from pregnancy and receiving Disability Benefits – can I also receive PFL benefits?

PFL is not available for your own health condition including pregnancy disability. However, you may be able to get PFL benefits after your pregnancy disability leave to bond with your new child. If you are eligible for both Disability benefits and PFL benefits during the same period of 52 consecutive calendar weeks, you will not receive more than 26 total weeks (not including the 7 day waiting period) of combined Disability and PFL benefits during that period of time.

How long do I have to take PFL to bond with a new child?

You can receive PFL benefits while bonding with a newborn baby during the first year of the child’s life. If you are taking leave to bond with an adopted or foster child, you are eligible for PFL benefits within the first year of the child’s placement with you.

Will I be able to use Paid Family Leave to take care of an eligible relative living outside New York?

Yes. As long as you are caring for an eligible family member and provide the medical certification. For purposes of providing care, this means you will be present at the same location as the family member during the majority of the employment period from which leave has been taken. Travel necessitated for the purpose of securing medication or to arrange care for the family member, or other such deviations determined to be reasonably related to providing care, shall satisfy this definition. Providing care may include 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.

I am not a US citizen. Will I still be eligible for Paid Family Leave?

Your citizenship status has no impact on your Paid Family Leave eligibility.

Will I be able to use Paid Family Leave if I work part-time?

Yes. As more fully set forth in the law, if you work less than 20 hours a week you will become eligible after 175 days of work. If you work 20 or more hours a week you will become eligible after 26 consecutive weeks of work.

Can I take Paid Family Leave and use my accrued leave time together so that I receive my full salary?

Hofstra University allows you to use vacation and personal time in lieu of receiving Paid Family Leave benefits so that you receive your full salary for all or part of the leave. To the extent you elect to use accrued, unused University vacation/leave time, the University is entitled to receive and recoup any New York State PFL payments to which you would have been entitled.

Will my spouse and I be able to use Paid Family Leave at the same time?

If you and your spouse work for Hofstra University, Paid Family Leave will not be granted to both of you at the same time to care for the same family leave recipient, or to bond with a child.

Which family members are covered under Paid Family Leave?

As more fully set forth in the law, you may receive PFL benefits while caring for a seriously ill parent, parent-in-law, child, sibling, spouse, domestic partner, grandparent, or grandchild OR if your spouse, domestic partner, child or parent is on active or has been notified of an impending call or order of active duty.

Is my job protected while on PFL?

Your job is protected while on PFL provided the required claim and certification forms are submitted timely. The University may hire a temporary replacement during your leave.

Can PFL be taken in addition to FMLA leave?

PFL and FMLA will run concurrently where applicable.

What are the benefits under PFL?

PFL provides eligible employees with up to 12 weeks of job protected, paid time off.
For example, effective January 1, 2026, an employee who makes $1,000 a week would receive a benefit of $670 a week (67% of $1,000). Another employee who makes $2,000 a week would receive a benefit of $1,228.53 because this employee is capped at 67% of New York State’s Average Weekly Wage (NYSAWW) — which will be $1,833.63. Sixty-seven percent of that amount is the $1,228.53.

The Average Weekly Wage (AWW) is set every year after a comprehensive analysis by the New York State Department of Labor.

**New York State Paid Family Leave website

How Do I Apply for PFL?

Step 1: You must provide the Office of Human Resources and your supervisor with at least 30 days advance notice before the planned leave if the qualifying event is foreseeable. If a 30-day advance notice is not possible, notice must be given the same day or next business day of learning about the need to take leave.

Step 2: The Office of Human Resources will provide you with the forms that need to be completed within 3 business days.

Step 3: You must complete and return Part A of the Request For Paid Family Leave (Form PFL-1) along with supporting documentation (i.e. live birth certificate for bonding) to the Office of Human Resources within 30 days of the qualifying event.

Step 4: The Office of Human Resources will complete the employer section of the PFL-1 form within 3 days of receipt and will return a copy to the employee and the Carrier. Additional forms are required depending on the type of leave being requested. You are responsible for the completion of these forms and submission to the Carrier within 30 days of the qualifying PFL event.

Step 5: The Carrier will determine the status of the application. PFL benefits will be issued or denied by the carrier.

For further information on applying for PFL, please contact the Office of Human Resources.

For information on NYS Paid Family leave, please visit their website for further information.

Related Policies and References

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