Purpose

The purpose of this bulletin is to inform agencies of the implementation of Paid Parental Leave for certain State government employees and provide guidance for entering the leave transactions in PayServ.

Affected Employees

All eligible employees meeting certain criteria who work at least 50% part-time are affected.

Background

Per a January 10, 2023, announcement from Governor Hochul, New York State will provide 12 weeks of Paid Parental Leave to unrepresented Executive Branch State employees to bond with a newly born, adopted, or fostered child.

Effective Dates

Paid Parental Leave may be used beginning February 14, 2023, for unrepresented Executive Branch employees.

Eligibility Criteria

Unrepresented Executive Branch employees, regardless of Comp Rate Code, who work at least 50% part-time in one of the following bargaining units may be eligible to utilize this leave:

06 - Management Confidential

18 - Management Confidential State Police

46 - Military and Naval Affairs M/C

66 - Public Employment Relations Board 0801

96 - SUNY Construction Fund M/C

Employees who are a gestational, non-gestational, adoptive or foster parent must have a qualifying event that includes the birth of a child or placement of a child for adoption or foster care in order to utilize the leave.

Guidance on the Use of Paid Parental Leave

Agencies must adhere to the following rules when placing employees on Paid Parental Leave:

• Employees must complete the leave within 7 months of the qualifying event.
• Employees receive up to 12 weeks of paid parental leave per each qualifying event.
• Employees are eligible to utilize this leave once during every 12-month period.
• The leave must be taken all at once, not intermittently.
• Voluntary Reduction in Work Schedule (VRWS) agreements must be suspended on the first day of the payroll period in which an employee begins the Paid Parental Leave.
• If an employee is on an unpaid leave of absence at the time of the qualifying event, the employee is only eligible for Paid Parental Leave if they are eligible to return to the payroll and actually return to the payroll. In this case, the employee would receive paid parental leave at their work percentage immediately prior to being placed on the unpaid leave, unless the employee’s work percentage was permissibly changed upon return to the payroll.
• If an employee is on a paid leave of absence at a reduced percentage (i.e. sick leave 50%) at the time of the qualifying event but was 100% prior to that leave, the employee is eligible for paid parental leave at 100% (the percentage immediately prior to being placed on the paid leave of absence).
• Employees at a reduced percentage at the time of the qualifying event for a reason other than VRWS or paid leave of absence, must continue to be paid at the reduced percentage for the duration of the leave.
• An employee on suspension would be ineligible for this benefit until the employee is returned from the suspension. 

For additional information please refer to Civil Service’s Attendance and Leave Manual Policy Bulletin 2023-01, Section 21.12.

OSC Actions

OSC has created the following Action/Reason Code to be used to identify employees utilizing Paid Parental Leave:

• PLA/PPF - Paid Leave of Absence/Paid Parental Full

Agency Actions

Employees with a Comp Rate Code of ANN, CAL, BIW, HRY, Exceptional HRY or FEE

For employees meeting the eligibility criteria, agencies are responsible for entering transactions using Action/Reason Code PLA/PPF in an employee’s Job Data record in Payserv for all employees utilizing Paid Parental Leave.

Upon completion of Paid Parental Leave, agencies must return the employee from the leave on their Job Data record by entering Action/Reason Code RFL/RLV- Return from Leave/Rein Leave.

Note: Agencies must also submit transactions into NYSTEP to place employees on Paid Parental Leave and to return them from this leave.

Employees with a Comp Rate Code of HRY

In addition to placing employees on leave in their Job Data records, for employees with a Comp Rate Code of HRY, agencies must determine average hours worked per pay period and enter the appropriate payments owed to the employees as follows:

Determining an employee’s average hours worked per pay period:  For employees with at least six months of service prior to the leave, agencies must determine the employee’s average hours worked during the six months immediately prior to the leave as follows:

• Total all regular hours worked (Earnings Code RGH) during the evaluation period.
• Divide this total by 960 hours (if the employee is an 8 hour/day employee) or 900 hours (if the employee is a 7.5 hour/day employee) to determine the average work percentage.
• Multiply this percentage by 80 hours (if the employee is an 8 hour/day employee) or by 75 hours (if the employee is a 7.5 hour/day employee) to determine the average number of hours the employee is entitled to receive per paid period while on Paid Parental Leave.
• For all full pay periods in which the employee is on Paid Parental Leave, agencies must pay the average hours the employee is entitled to receive based on the evaluation period as determined above.
• If an employee is placed on Paid Parental Leave or returns from the leave on a day other than the first day of the pay period, agencies must pay the employee for all scheduled hours during the pay period.

For employees who have not completed six months of service prior to the leave, agencies should look at the individuals projected schedule, or if they have worked for some time, to their actual schedule for the period worked. Any questions regarding this should be directed to the Department of Civil Service, Attendance and Leave Unit at 518-457-2295.

Submitting Payments:  Using the average hours worked as determined above, agencies must enter the following information on the Time Entry Page or the Time Entry Interface (NPAY502) for the duration of the leave.

Employees with a Comp Rate Code of FEE

In addition to placing employees on leave in their Job Data records, for employees with a Comp Rate Code of FEE, agencies must determine average days worked and/or payment amount per pay period and enter the appropriate payments owed to the employees as follows:

Determining an employee’s average days worked and/or payment amount per pay period: For employees with at least six months of service prior to the leave, agencies must determine the average days worked and/or payment amount during the six months immediately prior to the leave as follows:

• Total all Fee payments (Earnings Code FEE or FRC) for work performed during the evaluation period.
• Divide this total by 12 pay periods to determine the average payment amount per pay period. The employee is entitled to receive this amount per pay period while on Paid Parental Leave.
• In addition to the step above, since Earnings Code FRC requires Days and Amounts be entered in Payserv, agencies must total the number of days paid for work performed during the evaluation period using Earnings Code FRC.
• Divide this total by 120 days to determine the average days worked per pay period. The employee is entitled to receive this number of days per pay period while on Paid Parental Leave.
• For all full pay periods in which the employee is on Paid Parental Leave, agencies must pay the average payment amount (for employees paid using Earnings Codes FEE and FRC) and average days worked (for employees paid using earnings Code FRC) per pay period the employee is entitled to receive based on the evaluation period as determined above.
• If an employee is placed on Paid Parental Leave or returns from the leave on a day other than the first day of the pay period, agencies must pay the employee for their scheduled obligation for this pay period.

For employees who have not completed six months of service prior to the leave, agencies should look at the individuals projected schedule, or if they have worked for some time, to their actual schedule for the period worked. Any questions regarding this should be directed to the Department of Civil Service, Attendance and Leave Unit at 518-457-2295.

Submitting Payments:  Using the average days worked and/or payment amount as determined above, agencies must enter the following information on the Time Entry Page or the Time Entry Interface (NPAY502) for the duration of the leave.

Deductions

All payroll deductions in place immediately prior to the employee being placed on Paid Parental Leave will continue while an employee is on this leave.

Tax Information

Monies received while on Paid Parental leave are taxable income, will be included in the employee’s taxable gross and are subject to all employment and income taxes.

Questions

Questions regarding this bulletin may be directed to the Payroll Earnings mailbox.

Questions regarding Paid Parental Leave should be directed to the Department of Civil Service Attendance and Leave Unit at 518-457-2295.