The first time an employee requests leave because of a qualifying exigency arising out of the covered active duty or call to covered active duty status (or notification of an impending call or order to covered active duty) of a military member, a carrier or self-insured employer may require the employee to provide a copy of the military member's active duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to covered active duty status, and the dates of the military member's covered active duty service. This information need only be provided to the carrier or self-insured employer once. A copy of new active duty orders or other documentation issued by the military may be required by the carrier or self-insured employer if the need for leave because of a qualifying exigency arises out of a different covered active duty or call to covered active duty status (or notification of an impending call or order to covered active duty) of the same or a different military member.
A request for paid family leave for any qualifying exigency specified in section 380-2.3 of this Part must be supported by a certification from the employee that sets forth the following information:
If an employee submits a complete and sufficient certification to support his or her request for leave because of a qualifying exigency, the carrier or self-insured employer may not request additional information from the employee. However, if the qualifying exigency involves meeting with a third party, the carrier or self-insured employer may contact the individual or entity with whom the employee is meeting for purposes of verifying a meeting or appointment schedule and the nature of the meeting between the employee and the specified individual or entity. The employee's permission is not required in order to verify meetings or appointments with third parties, but no additional information may be requested by the carrier or self-insured employer. A carrier or self-insured employer also may contact an appropriate unit of the Department of Defense to request verification that a military member is on covered active duty or call to covered active duty status (or has been notified of an impending call or order to covered active duty); no additional information may be requested, and the employee's permission is not required.
N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 380-4.3