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New York Leave Laws: Complete Guide to Paid Family Leave, Sick Leave, and Employee Rights

New York offers some of the strongest paid leave protections in the United States. Unlike many states that rely solely on federal FMLA (which is unpaid), New York provides paid family leave, paid sick leave, and disability benefits that put money in your pocket when you need time off.

If you work in New York, you have access to multiple leave programs that can overlap and extend your time away from work. This guide explains every leave law that protects New York employees, how to use them, and what to do if your employer denies your rights.

New York Paid Family Leave (NYPFL): The Nation’s Best

New York Paid Family Leave is one of the most generous programs in America. It pays you while you take time off for family reasons.

What NYPFL Covers:

  • Bonding with a new child (birth, adoption, foster care)
  • Caring for a family member with a serious health condition
  • Helping family when a military member deploys abroad

Key Benefits:

  • 12 weeks of paid leave per year (67% of your average weekly wage)
  • Maximum weekly benefit: $1,131.08 in 2025
  • Job protection: Your employer must give you the same or comparable job when you return
  • Health insurance continues during leave

Who Qualifies:

  • Work for a covered New York employer (nearly all employers with 1+ employee)
  • Worked regularly for 26 weeks (if full-time) or 175 days (if part-time)

NYPFL is funded through small employee payroll deductions (0.373% of wages in 2025, capped at $337.39 per year). You don’t pay premiums directly to an insurance company.

Example: Maria works in Brooklyn and earns $1,000 per week. She takes 12 weeks of NYPFL to bond with her newborn. She receives $670 per week ($1,000 x 67%) for 12 weeks, totaling $8,040 in paid benefits. Her job and health insurance are protected.

Disability Benefits Law (DBL): Income for Pregnancy and Illness

New York’s Disability Benefits Law provides income when you cannot work due to your own illness, injury, or pregnancy.

What DBL Covers:

  • Pregnancy and childbirth recovery
  • Serious illness or injury that prevents work
  • Medical procedures and recovery

Key Benefits:

  • 26 weeks of benefits per year (50% of your average weekly wage)
  • Maximum weekly benefit: $170 in 2025
  • No waiting period for pregnancy (7-day wait for other disabilities)

Who Qualifies:

  • Work for a covered New York employer (nearly all employers with 1+ employee)
  • Worked for at least 4 consecutive weeks

DBL is funded through small employee payroll deductions (0.5% of wages, capped at $0.60 per week). This is separate from NYPFL.

Pregnancy and DBL: You can receive DBL for pregnancy disability starting when your doctor certifies you’re unable to work (typically 4 weeks before due date through 6-8 weeks after delivery). After DBL ends, you can switch to NYPFL to bond with your baby.

Example: Jessica is pregnant and stops working 4 weeks before her due date. Her doctor certifies disability. She receives DBL for 10 weeks (4 weeks before birth + 6 weeks recovery). After DBL ends, she takes 12 weeks of NYPFL to bond with her baby. Total time off: 22 weeks with partial pay throughout.

New York Paid Sick Leave: Statewide Requirement

Since September 2020, all New York employers must provide paid sick leave. This is separate from NYPFL and DBL.

Accrual and Amounts:

  • Employers with 100+ employees: 56 hours paid sick leave per year
  • Employers with 5-99 employees: 40 hours paid sick leave per year
  • Employers with 4 or fewer employees (earning $1M+): 40 hours paid sick leave per year
  • Employers with 4 or fewer employees (under $1M): 40 hours unpaid sick leave per year

What You Can Use It For:

  • Your mental or physical illness, injury, or health condition
  • Care for family member’s mental or physical illness
  • Domestic violence, sexual offense, stalking, or human trafficking (for you or family member)

Accrual: You earn 1 hour of sick leave for every 30 hours worked. Employers can require carryover limits.

NYC Additional Rights: New York City employees get expanded safe and sick leave with additional protections beyond state law.

Example: Tom works for a company with 60 employees in Rochester. He accrues 40 hours of paid sick leave per year. He uses 16 hours when he gets the flu and 8 hours to take his daughter to medical appointments.

How FMLA Works in New York

The federal Family and Medical Leave Act (FMLA) provides 12 weeks of unpaid, job-protected leave per year. FMLA applies in New York alongside state leave laws.

FMLA Coverage:

  • Your own serious health condition
  • Care for family member’s serious health condition
  • Bonding with new child
  • Military family needs

FMLA Eligibility (Stricter Than NYPFL):

  • Employer has 50+ employees within 75 miles
  • You worked 1,250 hours in past 12 months
  • You worked for employer at least 12 months

FMLA vs NYPFL Comparison:

Feature NYPFL FMLA
Payment 67% of wages (up to $1,131.08/week) Unpaid
Duration 12 weeks per year 12 weeks per year
Employer Size 1+ employees 50+ employees
Eligibility 26 weeks or 175 days worked 1,250 hours in past year
Your Health Not covered Covered
Family Care Covered Covered
Bonding Covered Covered

Key Difference: NYPFL pays you; FMLA does not. But FMLA covers your own serious health condition; NYPFL does not (use DBL instead).

How Leave Laws Stack in New York

New York’s multiple leave programs can run at the same time (concurrent) or one after another (consecutive). Understanding how they stack maximizes your time off and pay.

Stacking Strategy for Pregnancy:

  1. Disability Benefits Law: 4 weeks before birth + 6-8 weeks recovery = 10-12 weeks at 50% pay
  2. Paid Family Leave: 12 weeks bonding after DBL ends = 12 weeks at 67% pay
  3. Total: 22-24 weeks with partial pay throughout

FMLA and NYPFL Concurrent Use:
When you take NYPFL, your employer can count it against your FMLA entitlement (if you’re FMLA-eligible). You get paid through NYPFL, but both clocks run at the same time. This is legal and common.

Example: Sarah is FMLA-eligible and takes 12 weeks of NYPFL to care for her sick mother. Those 12 weeks count against both her NYPFL and FMLA entitlements. She receives 67% pay from NYPFL. If she needs more leave for a different reason later that year, she has no FMLA time left but may still have job protections under New York law.

Sick Leave and Other Leave:
You can use paid sick leave for short absences before triggering NYPFL or DBL. For example, use sick leave for the first few days of illness, then apply for DBL if disability extends beyond your sick leave balance.

Other New York Leave Types

New York law requires or protects several other types of leave.

Domestic Violence Leave:

  • Covered employees can take unpaid leave to seek help for domestic violence situations
  • Includes obtaining orders of protection, attending court, receiving services

Jury Duty Leave:

  • Employers must provide paid time off for jury duty (first $40/day)
  • Cannot retaliate or terminate for jury service

Voting Leave:

  • Employees get up to 2 hours paid time off to vote if polls aren’t open 4 consecutive hours outside work
  • Must notify employer 2-10 days before election

Bone Marrow and Organ Donor Leave:

  • Up to 24 hours paid leave per year for bone marrow donation
  • Up to 7 days paid leave per year for organ donation (can extend to 14 days)
  • Employers with 20+ employees must provide

Volunteer Firefighter/Ambulance Leave:

  • Unpaid leave to respond to emergencies

Employer Obligations During Leave

When you take protected leave in New York, your employer has legal responsibilities.

Job Protection:

  • Must restore you to the same position or a comparable position with equivalent pay, benefits, and terms
  • Cannot demote, reduce pay, or change conditions because of leave

Health Insurance Continuation:

  • Must continue your health insurance on the same terms during NYPFL and FMLA
  • You must continue paying your share of premiums

No Retaliation:

  • Cannot fire, discipline, or retaliate against you for requesting or taking protected leave
  • Cannot count protected leave as an absence under attendance policies

Notice and Documentation:

  • Can require 30 days advance notice if leave is foreseeable
  • Can require medical certification for FMLA and DBL
  • Cannot require medical details beyond what’s legally allowed

Small Employer Exception:

  • Employers with fewer than certain thresholds may have different obligations (check specific law)

Retaliation Protections: Your Rights

New York law strictly prohibits retaliation for exercising leave rights.

Illegal Retaliation Includes:

  • Firing or threatening to fire you for requesting leave
  • Denying promotion or raise because you took leave
  • Counting protected leave as absence in attendance policy
  • Scheduling you for undesirable shifts upon return
  • Creating hostile work environment after leave

What to Do if You Face Retaliation:

  1. Document everything (emails, dates, conversations, policy changes)
  2. Report to HR in writing
  3. File complaint with New York State Department of Labor (for sick leave violations)
  4. File complaint with New York State Paid Family Leave (for NYPFL violations)
  5. Contact employment attorney

Filing Deadlines:

How to Apply for NYPFL and DBL

Applying for paid leave in New York requires specific steps and forms.

For NY Paid Family Leave (NYPFL):

  1. Notify your employer: Give at least 30 days notice if foreseeable (or as soon as practicable)
  2. Get Request for Paid Family Leave form (Form PFL-1) from your employer or insurance carrier
  3. Complete employee section of form
  4. Get certification: Family member’s doctor completes medical form, or you provide birth certificate/adoption papers
  5. Submit to insurance carrier (listed on your pay stub or ask HR)
  6. Wait for decision: Carrier has 18 days to approve or deny

For Disability Benefits Law (DBL):

  1. Get claim form from your employer or insurance carrier
  2. Complete employee section
  3. Have your doctor complete medical section certifying disability
  4. Submit to insurance carrier within 30 days of disability start (when possible)
  5. Wait for decision: Carrier has 18 days to approve or deny

Insurance Carrier Contact:
Your employer’s insurance carrier administers claims (not your employer). Contact information should be on workplace posters or your pay stub. Common carriers include The Hartford, MetLife, and New York State Insurance Fund.

Getting Help:

  • NY Paid Family Leave Helpline: 1-844-337-6303
  • PaidFamilyLeave.ny.gov
  • NY Workers’ Compensation Board (administers DBL): 1-877-632-4996

What to Do if Your Leave is Denied

If your employer or insurance carrier denies your leave request, you have options.

Appeal Insurance Carrier Decision:

  • Review denial letter for specific reason
  • Provide additional documentation if needed
  • File appeal within timeframe stated in denial letter
  • Contact NY Paid Family Leave or Workers’ Compensation Board for assistance

File Complaint for Employer Interference:

Contact an Employment Attorney:

  • If you face retaliation, wrongful termination, or complex denial
  • Many attorneys offer free consultations
  • Attorney can help you understand all options and deadlines

Document Everything:

  • Keep copies of all forms, medical documentation, and communications
  • Note dates, times, and names of people you speak with
  • Save emails and text messages about leave

Real-World Examples: How NY Leave Laws Work

Example 1: Cancer Treatment
David works in Albany and is diagnosed with cancer requiring surgery and chemotherapy. He uses 8 weeks of DBL (50% pay) for his surgery recovery and initial treatment. Because his cancer treatment causes serious complications, he then uses 12 weeks of FMLA for continued medical care (unpaid, but job-protected). He uses his paid sick leave for shorter medical appointments throughout the year. Total time off: 20 weeks with 8 weeks partially paid.

Example 2: Caring for Sick Parent
Linda’s father in Syracuse has a stroke. She takes 12 weeks of NYPFL (67% pay) to care for him during recovery. Her employer cannot deny her leave or retaliate. When she returns, she gets her same job back with same pay. Because she used NYPFL concurrently with FMLA (she’s FMLA-eligible), both clocks ran together. Later that year, she has no FMLA left but could potentially take more leave under state law if needed.

Example 3: New Baby
Miguel’s partner gives birth in Brooklyn. He takes 12 weeks of NYPFL (67% pay) to bond with his new baby. His partner uses DBL for 6 weeks (pregnancy recovery, 50% pay), then takes 12 weeks of NYPFL to bond (67% pay). They stagger their leave so one parent is home for 18 weeks total. Both have job protection and continued health insurance.

Example 4: Sick Leave for Minor Illness
Aisha works in Buffalo and gets the flu. She uses 3 days (24 hours) of her accrued paid sick leave. She doesn’t need FMLA or DBL because her illness is short-term. Her employer cannot count these days as absences under attendance policy because they’re protected sick leave.

Frequently Asked Questions

Can my employer deny NYPFL if we’re short-staffed?
No. If you’re eligible and provide proper notice and documentation, your employer cannot deny NYPFL due to business needs or staffing shortages. Job demands don’t override your legal rights.

Do I get paid my full salary during leave?
No. NYPFL pays 67% of your average weekly wage (up to $1,131.08/week in 2025). DBL pays 50% (up to $170/week in 2025). FMLA is unpaid. Some employers offer additional pay to supplement these benefits, but it’s not required.

Can I use NYPFL for my own illness or surgery?
No. NYPFL only covers bonding with a new child, caring for a family member’s serious health condition, or military family needs. For your own illness, use Disability Benefits Law (DBL) and/or FMLA.

What if I work part-time or multiple jobs?
You can still qualify for NYPFL, DBL, and paid sick leave. NYPFL requires 175 days worked (part-time). DBL requires 4 consecutive weeks. Sick leave accrues based on hours worked. If you work multiple jobs, each employer may provide separate benefits.

Can I take intermittent leave (a few hours or days at a time)?
Yes, for some leave types. NYPFL can be taken intermittently (with employer agreement or in minimum increments). FMLA can be taken intermittently when medically necessary. Paid sick leave can be used in increments the employer typically allows (hourly, daily, etc.). DBL is typically continuous, not intermittent.

Related Topics

Legal Disclaimer

This guide provides general information about New York leave laws and is not legal advice. Leave laws are complex, and your specific situation may have unique factors. If you face leave denial, retaliation, or termination, consult a qualified New York employment attorney. Laws change regularly; verify current requirements with the New York State Department of Labor, NY Paid Family Leave, or legal counsel.

Need Legal Help?
If your employer violated your leave rights, denied your claim, or retaliated against you, contact an employment attorney today. Many offer free consultations to review your case.