Quick Answer
Comprehensive guide to New York leave laws covering NY Paid Family Leave, mandatory sick leave, disability benefits, and FMLA rights for New York workers.
New York has some of the most comprehensive leave protections in the nation. With mandatory Paid Family Leave, required sick leave, and disability benefits, New York workers enjoy significant time-off protections beyond federal FMLA. Understanding these benefits is essential.
Quick Facts: New York Leave Laws
| Leave Type | Requirement |
|---|---|
| Paid Family Leave | Up to 12 weeks, 67% pay |
| Paid Sick Leave | 40-56 hours/year |
| Disability Benefits | Up to 26 weeks |
| FMLA | Federal law applies |
New York Paid Family Leave (PFL)
One of Nation's Best Programs
Up to 12 weeks of paid leave for:
- Bonding with new child (birth, adoption, foster)
- Caring for family member with serious health condition
- Military family assistance
2026 Benefits
Wage replacement:
- 67% of average weekly wage
- Up to statewide average weekly wage cap
- Funded through employee payroll deductions
Eligibility
Full-time employees:
- 26+ consecutive weeks of employment
Part-time employees:
- 175+ days worked
How to Apply
- Request PFL-1 form from employer
- Complete required sections
- Submit supporting documentation
- Benefits begin after approval
New York Paid Sick Leave
Statewide Requirements
All employers must provide:
| Employer Size | Sick Leave |
|---|---|
| 100+ employees | 56 hours paid |
| 5-99 employees | 40 hours paid |
| 1-4 (net income $1M+) | 40 hours paid |
| 1-4 (net income <$1M) | 40 hours unpaid |
Accrual
- 1 hour per 30 hours worked
- Begins at hire
- Can use after 120 days
Permitted Uses
- Employee's own illness or care
- Family member's illness or care
- Safe leave (domestic violence, sexual assault, stalking)
- Public health emergency closures
Disability Benefits
Short-Term Disability Insurance
New York requires employers to provide:
- Up to 26 weeks of partial wage replacement
- Approximately 50% of wages (up to cap)
- For off-the-job illness or injury
- Including pregnancy-related disability
How to Apply
- File claim with employer's insurance carrier
- Provide medical documentation
- Benefits begin after 7-day waiting period
Federal FMLA
Applies in Addition to State Leave
12 weeks unpaid, job-protected leave for:
- Own serious health condition
- Family member's serious health condition
- Birth and bonding
- Adoption or foster placement
- Military family leave
Eligibility
- 12+ months with employer
- 1,250+ hours in past 12 months
- 50+ employees within 75 miles
Interaction with NY PFL
- Can run concurrently
- PFL provides pay during unpaid FMLA
- May extend total leave in some cases
Pregnancy and Parental Leave
Comprehensive Protection
Pregnancy:
- Disability benefits during pregnancy-related disability
- Up to 26 weeks disability
- Cannot be discriminated against
Parental leave:
- 12 weeks PFL for bonding
- Available to all parents
- Same-sex parents included
Total potential leave:
- Disability + PFL can provide extended coverage
Other Leave Protections
Blood Donation Leave
- 3 hours for blood donation
- Applies to employers with 20+ employees
Bone Marrow Donation Leave
- Up to 24 hours for donation
- Applies to employers with 20+ employees
Jury Duty
- Cannot fire for jury service
- No pay requirement
Military Leave
- USERRA protections apply
- State military leave provisions
Common Questions
What's the difference between PFL and disability?
Disability is for your own medical condition. PFL is for bonding with child or caring for sick family member. You can use both at different times.
Can I use sick leave for mental health?
Yes. Sick leave covers mental health care for yourself or family members.
Can I take PFL intermittently?
Yes. You can take PFL in full-day increments.
Does my employer have to hold my job?
Yes. Both FMLA and PFL provide job protection. You're entitled to return to same or equivalent position.
Finding Legal Help
Free Resources
- NY PFL Helpline: paidfamilyleave.ny.gov | 844-337-6303
- NYS DOL: dol.ny.gov | 1-888-469-7365
- DOL FMLA: dol.gov/agencies/whd
Employment Attorneys
If your leave rights are violated, consult an attorney.
Related Resources
Legal Disclaimer
This guide provides general information about New York leave laws and is not legal advice. For advice about your situation, consult a licensed New York employment attorney.
Official Resources:
- NY Paid Family Leave: paidfamilyleave.ny.gov{rel="nofollow"} | 844-337-6303
- NYS Department of Labor: dol.ny.gov{rel="nofollow"} | 1-888-469-7365
Frequently Asked Questions
What is one of Nation's Best Programs?
How to Apply?
What are statewide Requirements?
What is permitted Uses?
What is short-Term Disability Insurance?
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