Let The DBL Center experts help you separate fact from fiction when it comes to PFL
Social media and generative AI engines have given people more opportunities to educate themselves about finance, employee benefits, and paid family leave. But workers in New York who rely on these platforms to answer specific questions aren’t necessarily finding the correct information.
We talked about how ChatGPT, Gemini, Claude or Copilot often share partial information or don’t understand the nuances of various state laws surrounding mandatory benefits in this post.
But TikTok may be even worse, because real people who claim to be experts and evoke the trust of viewers often share misinformation.
These influencers generally mean well, but they may be sharing partial information to gain attention and engagement. Or they may not have the facts they need to educate others.
Paid leave is a complicated topic, which is why it’s worth speaking to experts to separate the myths from the facts.
We found several videos sharing misinformation related to New York State PFL, so we thought we’d start here in our home state to provide real answers.
Have specific questions about paid leave in New York or the states you serve? Our team is here to help. You can also browse our Paid Leave Resource Center for up-to-date information.
Myth #1: Regarding Pre-Partum Leave
Myth: You can get an additional week of leave if your baby is born late (after 40 weeks).
Fact: New York workers are entitled to a maximum of 26 weeks combined DBL and PFL in any 52-week period.
A video talking about “gaming the system for an extra week of leave” sparked the idea for the article you’re reading right now. This myth sounds accurate but isn’t quite right when you break down the numbers.
The influencer claimed that if you begin taking pregnancy-related disability leave when you’re 36 weeks pregnant, but don’t have the baby until 41 weeks, you can claim an “extra” week of DBL prior to your child’s birth. You’re still entitled to six (vaginal delivery) or eight weeks (c-section) DBL for recovery following childbirth, and then you can take 12 weeks of PFL at a higher benefit rate.
That equals 26 weeks of combined PFL and DBL, the maximum allowed. It might feel like an “extra” week, but it’s exactly what you’re entitled to. And if you ask anyone who’s carried a baby past-term, those extra days are usually not very fun, but filled with tension, frustration, and doctor’s visits.
Myth #2: PFL vs. FMLA
Myth: You can stack PFL (or PFML in Other States) with FMLA for 24 weeks of leave.
Fact: Most employers require workers to take PFL and FMLA concurrently.
Even after nearly a decade of PFL in New York, people are still confusing FMLA and PFL. That includes TikTok influencers who want viewers to think they know secret methods to claim more leave than allowed by law.
The Family Medical Leave Act (FMLA) is a federal program entitling workers to 12 weeks of unpaid, job-protected leave for certain circumstances, including recovering from childbirth and caring for or bonding with a new baby.
PFL is a state program. It’s also a job-protected leave, with partial wage replacement. Meanwhile, DBL is not job-protected, but workers who file a DBL claim can also file for FMLA for job protection.
That’s why it gets confusing. Many employers require workers filing PFL to also file for FMLA and take both concurrently.
It’s always best to speak with your benefits advisor or HR department to understand how you can maximize your benefits.
Myth #3: Regarding PFL Eligibility
Myth: Every New York worker can qualify for PFL to bond with a newborn, newly adopted or foster child within the first 12 months.
Fact: New York PFL is still one of the broadest, most generous family leave benefits required by any state. (https://insurancewholesaler.net/what-is-the-best-state-for-paid-family-leave/) But it doesn’t cover every worker in the state.
Workers may not qualify if they:
- Work in the public sector and their employer hasn’t opted in
- Are self-employed or an independent contractor and haven’t purchased a PFL policy
- Work for a NY-based company but work remotely from another state
There are also eligibility requirements:
- Part-time employees (less than 20 hours per week) are eligible after working 175 days
- Full-time employees (20+ hours per week) are eligible after 26 consecutive weeks of employment
- If a full-time employee takes DBL, those weeks don’t count toward PFL eligibility.
Learn More
The fact that there’s an entire segment of TikTok (“LeaveTok”) where people advocate for paid leave and help workers understand the benefits is a positive sign of growth. It’s important for brokers to position themselves as a trusted resource so workers don’t have to rely on Internet strangers to help them during this exciting, yet stressful, time of their life as they welcome a new child.
But brokers don’t have to be experts in paid leave, either. The DBL Center is here to help insurance brokers in New York State and beyond navigate the complexity of PFML as it expands across the US.
