The legal landscape surrounding employee benefits is shifting with the New York State Legislature considering proposed changes to labor law dealing with animal bereavement.
A recent continuing legal education course sponsored by the New York State Bar Association’s Committee on Animals and Law looked at legal issues surrounding end of life care for animals and the impact animals have on their human owners in the workplace. The committee ran a three-part series on end-of-life care and decision making for animals.
“There is a gap in benefits that support pet loss, but there are opportunities to work with employers on this issue,” said Nance Schick of Third Era Conflict Resolution, which specializes in employment law and mediation. “Employers can extend existing paid time off policies or human bereavement leave for the death of a pet.”
Currently, there is no federal or New York State law that provides for pet bereavement leave. Employees are also prohibited from using Paid Family Leave or the Family and Medical Leave Act to care for an animal or for pet bereavement. Schick adds that grief over the loss of a pet may cause a human health condition for which family leave many apply, but stresses that in most cases the medical issue will not rise to that level.
“It is important to remember the disability benefits and paid family leave are only used for a human illness, which will be determined by your insurance carrier,” Schick said.
There is movement in the state legislature to...
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