provisions of the law. If coverage is canceled, employees will be eligible to re-enroll the first of the month following return to work.

Return to Work

  • Employees returning from FMLA leave will be restored to their original job or to an equal/equivalent job with equal benefits and other employment terms/conditions.
  • An employee who takes leave because of their own serious health condition must provide a fit-for-duty certification before returning to work. Employees who are returning from FMLA taken for their own serious health condition, but who are unable to perform the essential functions of their job because of a disability should notify the Human Resources Department and request accommodation. See Accommodation of Individuals with Disabilities policy.
  • An employee who does not return when approved FMLA leave ends must contact Human Resources before the expected return date. AIM will evaluate whether another type of protected leave, disability accommodation, workers' compensation benefit, or other approved leave may apply. If no additional protection or approved leave applies and the employee does not return or communicate with AIM, the absence may result in separation from employment.

Additional Information

The agency and applicable law prohibit any interference with, restraint, or denial of any right provided under FMLA and prohibit discrimination against any person for opposing any practice made unlawful by FMLA or for involvement in any proceedings under or relating to FMLA. If you believe your rights under the FMLA have been violated, you should notify the Human Resources Department immediately. You may also file a complaint with the U.S. Department of Labor or file a suit against the agency. For further information or clarification about FMLA leave, please contact your supervisor or the Human Resources Department.

B. PAID FAMILY LEAVE ACT (PFL)

New York Paid Family Leave provides eligible employees with up to 12 weeks of job-protected, paid leave to bond with a new child, care for an eligible family member with a serious health condition or assist with qualifying needs arising from a covered family member's deployment abroad on active military service. Benefits equal 67% of the employee's average weekly wage, subject to the annually adjusted statewide cap. PFL may be taken continuously or intermittently in full-day increments. The number of available intermittent days depends on the employee's regular work schedule and remaining PFL entitlement. Employees retain health coverage on the same terms as if actively working and are protected from discrimination or retaliation.

Amount and Pay

AIM Services, Inc., does not require an employee to use PTO during PFL leave, even when the leave runs concurrently with FMLA (see below). However, AIM Services will allow the employee to elect to use PTO in lieu of PFL in order to receive full pay; or allow employees to use a partial PTO day to supplement their PFL benefit in order to receive full pay.

New York’s Paid Family Leave is entirely employee funded. As such, AIM Services intends to deduct from its employee’s pay each week the statutory amount.

Eligibility

Unless you are authorized to file a waiver, employees will be eligible for PFL based on the following criteria:

  • Employees with a regular work schedule of 20 or more hours per week are eligible after 26 weeks of employment.