Regulations Outline Application Process

Under New York Paid Family Leave (PFL) regulations, the deadline to apply for approval to be a PFL self-insured employer is September 30, 2017. An overview of the application process is presented below.

Application Process for PFL Self-Insuring Employers

Employers who purchase disability benefits insurance coverage from the State Insurance Fund or a private carrier must purchase PFL coverage from the same carrier and waive the option of self-insuring for PFL coverage purposes. Other employers, however, may apply to self-insure for PFL coverage purposes. To apply to be a self-insured employer, such employers must (among other things):

• File its most recent certified, independently audited financial statement and copy of Form 10-K, if any, filed by the applicant with the U.S. Securities and Exchange Commission.
• Execute and file with the state an agreement to, among other things (Sect. 361.2), pay PFL as applicable under the law.
• Execute a binding agreement acknowledging acceptance of all liability for benefits paid that exceed the funds collected from employees.
• Submit a payroll report that includes the full annual payroll of the self-insurer and its self-insured subsidiaries as of December 31, 2016.
• Generally deposit securities and cash, or file irrevocable letters of credit, with the state.

The election to self-insure for PFL benefits must occur by September 30, 2017.

Affected employers may review the regulations in their entirety for additional details and requirements. Employers are advised to contact a knowledgeable employment law attorney for guidance regarding eligibility and the application process.

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