Employees should provide at least 30 days’ advance notice if the reason for PFL is foreseeable, for example: an expected birth, placement for adoption or foster care, planned medical treatment for a serious health condition of a family member or covered service member, or known military exigency. If 30 days’ notice is not practicable, then notice must be given as soon as reasonably possible. Employees must also advise the employer as soon as possible when dates of a scheduled leave change, are extended, or were initially unknown.
PFL Claim Submission Procedure and Medical Documentation Provisions
Eligible employees who qualify for PFL will be paid by The Standard (the insurance carrier) – not New York State as their employer. In addition to a campus’s normal medical documentation provisions and/or any documentation requirements applicable under other leave programs (e.g., FMLA), an eligible employee who wishes to utilize PFL benefits must complete the appropriate Request for Paid Family Leave forms:
- For PFL to bond with a newborn, newly adopted, or fostered child, employees must complete and file as appropriate, forms in the SUNY PFL Bonding Packet w/supporting documentation
- For PFL to care for a family member with a serious health condition, employees must complete and file as appropriate, forms in the SUNY PFL Care of Family Packet with supporting documentation
- For PFL to assist when a family member is called to active military duty or impending active duty abroad, employees must complete and file as appropriate, forms in the SUNY PFL Military Leave Packet with supporting documentation
- For PFL for a minor dependent child due to COVID-19 quarantine/isolation, employees must complete and file as appropriate, forms in the SUNY PFL COVID Quarantine Packet w/supporting documentation
Once a campus is in receipt of the completed form from an employee, the campus must complete the employer information contained in Part B of the PFL-1, verify employee information and eligibility, and return the form to the employee within three business days.
The employee must then submit the request for PFL together with the information supplied by the campus and any necessary certifications or proof of claim documentation, medical, or otherwise, to The Standard. Generally, the medical documentation and/or necessary certifications will be comparable to information normally required by the campus (FMLA documentation or documentation from a medical provider which justifies use of leave accruals will normally satisfy this requirement).
Supporting Documentation
The following are the supporting documentation requirements for employees requesting PFL (the employee is not required to submit this information to the agency, but should submit it directly to The Standard):
Childbirth
The documentation requirement for a claim for PFL to bond with a newly born child depends on whether the applicant is the birth parent or the second parent.
The birth parent must submit a birth certificate, if available, or documentation of pregnancy or birth from a health care provider. The document must include the parent’s name and the child’s due date or birth date. The second parent must submit, if available, a birth certificate naming them as a parent. If a birth certificate naming the second parent is not available, the second parent may submit a Voluntary Acknowledgment of Paternity or a Court Order of Filiation naming them as a parent.
If those documents are not available, the second parent can submit birth documentation from the birth parent’s health care provider and either a marriage certificate or evidence of a civil union or domestic partnership to demonstrate the relationship to the birth parent.
If none of these documents are available, the second parent may submit other documentary evidence of parental relationship to the child, to be evaluated on a case-by-case basis by The Standard.
Foster Care
A claim for PFL to bond with a fostered child requires the submission of a letter of placement issued by a county or city department of social services or local voluntary agency. If a second parent is not named in documentation, a copy of the document plus a document verifying the relation to the parent named in the foster care placement will be needed.
Adoption
A claim for PFL to bond with an adopted child requires a court document finalizing adoption or, for PFL taken before the adoption is complete, a document showing that the adoption process is underway. Examples of proof of a pending adoption include a signed statement from an attorney, adoption agency, or adoption-related social service provider stating the employee is in the process of adopting a child.
If the second parent is not named in that document, they must also file documentation verifying the relationship to the parent named in the adoption.
Serious Health Condition
A claim for PFL to care for a family member with a serious health condition requires a medical certification completed by the care recipient’s health care provider.
An authorization for personal health disclosure form is required by the HIPAA Privacy Rule and must be completed by the care recipient and retained on file with the health care provider in order to submit the required medical information.
Active Military Duty Deployment
A claim for PFL to assist loved ones when a family member is deployed abroad on active military duty generally requires a US Department of Labor “Certificate of Qualifying Exigency for Military Family Leave.” Those forms include (1) military documentation of the family member’s deployment or impending deployment (active duty orders or other notice from the military), and (2) documentation of the reason for leave.
COVID-19 Quarantine/Isolation
A claim for PFL for a minor dependent child due to COVID-19 quarantine/isolation requires a mandatory or precautionary order of quarantine or isolation.