What Is the Difference Between FMLA and New York Paid Family Leave?

FMLA (Family and Medical Leave Act) and NYPFL (New York Paid Family Leave) are two separate leave laws that often confuse employees. The key difference is simple: FMLA is unpaid federal leave that protects your job, while NYPFL is paid state leave that also protects your job.

FMLA provides 12 weeks of unpaid, job-protected leave for your own serious health condition, bonding with a new child, or caring for a family member. NYPFL provides 12 weeks of paid leave (67% of wages) for bonding with a new child, caring for a family member, or military family needs—but not for your own health condition.

In New York, both laws apply at the same time. You can receive NYPFL payment while FMLA protects your job. Understanding how they work together—or stack consecutively—helps you maximize your time off and financial protection.

Why Understanding FMLA vs NYPFL Matters

Most New York workers qualify for NYPFL but not FMLA. This creates confusion and missed opportunities.

The stakes are high:

• Taking leave under the wrong law could cost you money or job protection
• Not understanding how they stack could mean leaving benefits on the table
• Confusing FMLA's strict eligibility with NYPFL's broad coverage could make you think you have no rights when you actually do

Example scenario: Maria works for a company with 30 employees. She thinks she has no leave rights because her company is "too small" for FMLA (which requires 50+ employees). She's wrong—she qualifies for NYPFL, which covers employers with just 1 employee. She could take 12 weeks of paid leave, but she doesn't know it.

Another scenario: David qualifies for both FMLA and NYPFL. He takes 12 weeks of NYPFL to bond with his newborn. His employer counts it against his FMLA entitlement. Later that year, David's wife becomes seriously ill. He thinks he has 12 more weeks of leave, but his FMLA clock already ran out. Understanding concurrent use would have helped him plan better.

This guide explains exactly how FMLA and NYPFL compare, when they run concurrently, and how to use both laws strategically.

Side-by-Side Comparison: FMLA vs NYPFL

The best way to understand these laws is to compare them directly.

Key Differences Explained

1. Payment: The Biggest Difference

FMLA: Completely unpaid. You receive zero income from FMLA itself. Some employers allow you to use accrued paid time off (vacation, sick leave) during FMLA, but the law doesn't require payment.

NYPFL: Pays 67% of your average weekly wage, capped at $1,131.08 per week in 2026. You receive a paycheck from your employer's insurance carrier while on leave.

Why this matters: Financial survival. Most workers cannot afford 12 weeks without income. NYPFL makes family leave financially feasible for average workers.

Example: Kevin takes 12 weeks off to bond with his newborn son.

• If he only has FMLA: He receives $0 in benefits. His family survives on his partner's income and savings.
• If he has NYPFL: He receives 67% pay ($900/week if he normally earns $1,343/week). Over 12 weeks, he receives $10,800. This makes the leave financially possible.

2. Employer Size: Who's Covered

FMLA: Only covers employers with 50 or more employees within a 75-mile radius. Small businesses are exempt.

NYPFL: Covers all private employers with at least 1 employee in New York. Even a tiny startup with 2 employees must provide NYPFL.

Why this matters: Access to rights. About 40% of American workers don't qualify for FMLA because they work for small employers. In New York, nearly all private employees qualify for NYPFL regardless of company size.

Example: Samantha works for a 10-person accounting firm in Albany.

• FMLA: She doesn't qualify. Her employer is too small.
• NYPFL: She fully qualifies. Employer size doesn't matter for NYPFL.

3. Employee Eligibility: Work Requirements

FMLA requires:

• Worked for employer at least 12 months
• Worked at least 1,250 hours in the past 12 months (about 24 hours/week)
• Employer has 50+ employees within 75 miles

NYPFL requires:

• Worked 26 consecutive weeks (full-time) OR
• Worked 175 days (part-time or irregular schedule)

Why this matters: NYPFL's requirements are far simpler and easier to meet. Part-time workers easily qualify for NYPFL but often don't meet FMLA's 1,250-hour requirement.

Example: Lisa works 20 hours per week at a retail store. In one year, she works about 1,040 hours.

• FMLA: She doesn't qualify. She hasn't worked 1,250 hours.
• NYPFL: She qualifies after working 175 days (about 35 weeks at her part-time schedule).

4. What Each Law Covers

FMLA covers four situations:

1. Your own serious health condition
2. Caring for family member's serious health condition
3. Bonding with new child (birth, adoption, foster)
4. Military family qualifying exigencies

NYPFL covers three situations:

1. Bonding with new child (birth, adoption, foster)
2. Caring for family member's serious health condition
3. Military family qualifying exigencies

The critical difference: FMLA covers your own serious health condition. NYPFL does not.

If you need leave for your own illness, injury, or surgery:

• Use FMLA for job protection (if eligible)
• Use New York Disability Benefits Law (DBL) for partial income (50% pay, capped at $170/week)
• NYPFL does NOT apply to your own health condition

Example: Marcus has surgery requiring 10 weeks of recovery.

• FMLA: Covers this. He gets job protection (if eligible).
• NYPFL: Doesn't cover this. He can't use NYPFL.
• DBL: Provides partial income ($170/week).

5. Qualifying Family Members

Both laws cover family members, but the definitions differ slightly.

FMLA family members:

• Spouse
• Parent
• Child (under 18, or over 18 if incapable of self-care due to disability)

NYPFL family members:

• Spouse (including domestic partner)
• Child (any age, biological, adopted, foster, stepchild)
• Parent (biological, adoptive, foster, stepparent, in-law)
• Grandparent
• Grandchild
• Sibling

NYPFL is broader. It covers grandparents, grandchildren, and siblings. FMLA doesn't cover these relatives.

Example: Denise wants to care for her grandmother who is dying of cancer.

• NYPFL: Covers this. Grandparents are qualifying family members.
• FMLA: Doesn't cover this. Grandparents aren't qualifying under FMLA.

Denise can take 12 weeks of paid NYPFL to care for her grandmother. If she's not FMLA-eligible for other reasons, she has no FMLA protection, but NYPFL still provides job protection.

When FMLA and NYPFL Run Concurrently

"Concurrent" means both laws run at the same time. When you take NYPFL and you're also eligible for FMLA, both 12-week clocks tick down together.

How Concurrent Leave Works

Scenario: You're eligible for both FMLA and NYPFL. You take 12 weeks of NYPFL to bond with your newborn.

What happens:

• NYPFL: Pays you 67% of wages for 12 weeks
• FMLA: Protects your job for those same 12 weeks
• Both clocks run together: After 12 weeks, you've used your entire FMLA entitlement AND your entire NYPFL entitlement for the year

You don't get 24 weeks total (12 FMLA + 12 NYPFL). You get 12 weeks covered by both laws simultaneously.

Why employers do this: Federal regulations allow employers to count paid leave toward FMLA when the leave is for a covered FMLA reason. Since bonding qualifies for both FMLA and NYPFL, employers can (and usually do) run them concurrently.

Example: Jennifer takes 12 weeks of NYPFL to bond with her adopted daughter. She works for a company with 75 employees and qualifies for FMLA. Her employer runs FMLA concurrently with NYPFL. Jennifer receives:

• 12 weeks of paid leave (67% wages from NYPFL)
• Job protection (from both FMLA and NYPFL)
• At the end of 12 weeks, both her FMLA and NYPFL are exhausted for the year

Later that year: Jennifer's father becomes seriously ill. She wants to take leave to care for him.

• Her NYPFL is gone (already used 12 weeks)
• Her FMLA is gone (already used 12 weeks)
• She has no federally or state-protected leave remaining (unless her employer offers additional leave)

Benefits of Concurrent Use

You get paid: The primary benefit is receiving 67% of your wages (up to $1,131/week) instead of zero pay under FMLA alone.

Simplified process: You're not juggling two separate leave periods. Everything runs at once.

Maximum job protection: Both federal and state law protect your job simultaneously.

Downsides of Concurrent Use

You "use up" both entitlements: If you need additional protected leave later in the year for a different reason, you're out of both FMLA and NYPFL.

No choice: If you're eligible for both laws and take leave for a covered reason (like bonding), your employer can require concurrent use. You can't save FMLA for later.

Example: Omar and his wife have a baby in March. Omar takes 12 weeks of NYPFL (paid, 67% wages). His employer runs FMLA concurrently. In September, Omar is diagnosed with cancer requiring surgery and 8 weeks of recovery. He has no FMLA left (used it concurrently with NYPFL in March). He has no job protection unless his employer voluntarily extends leave or he qualifies under the ADA. He can receive DBL (partial pay), but job protection is uncertain.

When You Have One But Not the Other

Many New York workers qualify for NYPFL but not FMLA due to employer size or work hour requirements.

You Qualify for NYPFL But Not FMLA

Common situations:

• You work for an employer with fewer than 50 employees
• You haven't worked 1,250 hours in the past year (you're part-time or recently hired)
• You've been employed less than 12 months

What you get:

• NYPFL: 12 weeks of paid leave (67% wages) for bonding, family care, or military exigency
• Job protection under NYPFL: Your job is protected under state law
• No FMLA protection: But you don't need it because NYPFL already protects your job

Example: Rita works for a 15-person company in Syracuse. She's worked there for 8 months (not eligible for FMLA's 12-month requirement). She becomes pregnant.

• Can't use FMLA: Doesn't meet eligibility requirements
• Can use NYPFL: Meets NYPFL requirements (worked 26+ weeks)
• Result: Rita takes 12 weeks of NYPFL for bonding. She receives 67% pay and job protection under state law. She doesn't need FMLA.

You Qualify for FMLA But Not NYPFL

This is rare because NYPFL's eligibility requirements are easier to meet. But it can happen.

Possible situations:

• You work for a federal government employer (FMLA applies; NYPFL doesn't)
• You work for a covered public employer under FMLA but not NYPFL
• You just started a new job (meet FMLA hours from previous employer, but haven't worked 26 weeks at current employer yet)

What you get:

• FMLA: 12 weeks of unpaid, job-protected leave
• No NYPFL payment: You receive zero income unless you use accrued paid time off

Example: Marcus worked for Company A for 3 years, then switched to Company B (75 employees) 4 months ago. His wife has a baby.

• FMLA: He might qualify if his hours at previous employer count and same employer exception doesn't apply (FMLA rules are complex for job changes)
• NYPFL: He doesn't qualify yet. He's only worked 16 weeks at current employer (needs 26 weeks full-time).
• Result: If he qualifies for FMLA, he gets 12 weeks of unpaid leave. No NYPFL payment because he hasn't worked long enough at current employer.

Strategic Use: Stacking Leave Consecutively

When you use leave types one after another (not at the same time), you can extend your total time off.

NYPFL + Extended Unpaid FMLA (If Employer Allows)

Some employers allow you to exhaust NYPFL first (12 weeks paid), then take additional unpaid FMLA time if you qualify and the situation warrants it.

This is uncommon because most FMLA-qualifying leave reasons also qualify for NYPFL, triggering concurrent use. But creative scheduling might work in specific cases.

Pregnancy: DBL + NYPFL + Extended FMLA

Pregnancy is the clearest example of consecutive stacking.

How it works:

1. Disability Benefits Law (DBL): Covers pregnancy disability (typically 4 weeks before birth + 6-8 weeks recovery after = 10-12 weeks at 50% pay, capped at $170/week)
2. NYPFL: After DBL ends, take NYPFL for bonding (12 weeks at 67% pay)
3. FMLA: If you're FMLA-eligible, FMLA can run during DBL (for your health) and during NYPFL (for bonding). FMLA covers both.

Total time: 22-24 weeks off with partial pay throughout.

FMLA timing:

• FMLA covers your pregnancy disability (concurrent with DBL)
• FMLA covers your bonding time (concurrent with NYPFL)
• If you time it right, FMLA might extend slightly beyond one or both programs

Example: Sarah's due date is May 1. She qualifies for FMLA, DBL, and NYPFL.

Her leave breakdown:

• DBL starts April 1 (4 weeks before due date): Pays $170/week for pregnancy disability
• Baby born May 3
• DBL continues through June 14 (6 weeks postpartum recovery for vaginal delivery): Pays $170/week
• NYPFL starts June 15 (bonding after disability ends): Pays 67% wages (about $900/week)
• NYPFL ends September 6 (12 weeks of bonding)

FMLA runs concurrently:

• Weeks 1-10: FMLA covers pregnancy disability (concurrent with DBL)
• Weeks 11-22: FMLA covers bonding (concurrent with NYPFL)
• Sarah exhausts her 12 weeks of FMLA by mid-June (during DBL and early bonding)
• She continues NYPFL through September even after FMLA ends

Total time off: 23 weeks Total pay: $1,870 from DBL (11 weeks) + $10,800 from NYPFL (12 weeks) = $12,670

Caring for Family Member: NYPFL + Additional FMLA

If you're caring for a family member, you might qualify for NYPFL (paid, 12 weeks) and FMLA (unpaid, 12 weeks). They usually run concurrently, but creative timing might extend coverage.

Example scenario: Your mother has cancer requiring intensive treatment for 18 weeks.

Strategy (if your employer allows non-concurrent use, which is rare):

• Take 12 weeks of NYPFL first (paid, 67% wages)
• After NYPFL ends, take 6 more weeks of unpaid FMLA (if you're FMLA-eligible and haven't exhausted it)
• Total: 18 weeks off (12 paid, 6 unpaid)

Reality check: Most employers will run FMLA and NYPFL concurrently for the same qualifying event. Separating them is unusual and requires specific employer policy or circumstances.

Who Decides: Concurrent vs Consecutive Use?

Your employer decides whether FMLA and NYPFL run concurrently or consecutively, within the boundaries of federal and state law.

Federal regulations allow employers to count paid family leave toward FMLA when both cover the same qualifying event. Most employers do this to limit total leave time.

You cannot force consecutive use if your employer designates leave as concurrent FMLA/NYPFL.

Best practice: Ask your HR department how they handle FMLA and NYPFL interaction. Get it in writing if possible.

Example: Monica wants to take 12 weeks of NYPFL for bonding, then 12 weeks of FMLA for caring for her mother (different qualifying event).

• If she takes NYPFL first for bonding and her employer runs FMLA concurrently, she uses 12 weeks of FMLA during bonding.
• She has no FMLA left for her mother's care.
• She also has no NYPFL left.
• Result: 12 weeks total protected leave, not 24 weeks.

Real-World Examples: FMLA and NYPFL in Action

Example 1: Small Business Employee—NYPFL Only Keisha works for a 12-person marketing agency in Brooklyn. She's worked there 10 months. Her daughter is born in June.

• FMLA: Not eligible (company too small, only 12 employees; FMLA requires 50+)
• NYPFL: Fully eligible (worked 26+ weeks full-time)
• Result: Keisha takes 12 weeks of NYPFL. She receives 67% pay ($850/week). Her job is protected under NYPFL. She doesn't need FMLA.

Example 2: Large Employer—Concurrent Use David works for a hospital in Manhattan with 500 employees. He's worked there 3 years. His son is born in March. He takes 12 weeks off to bond.

• FMLA: Eligible
• NYPFL: Eligible
• Result: David takes 12 weeks of leave. His employer runs FMLA and NYPFL concurrently. He receives NYPFL benefits (67% pay, $950/week). His job is protected by both laws. After 12 weeks, both FMLA and NYPFL are exhausted.

Example 3: Own Health Condition—FMLA + DBL Sandra needs surgery requiring 10 weeks of recovery. She works for a company with 80 employees in Rochester.

• FMLA: Eligible (covers her own serious health condition)
• NYPFL: Not applicable (NYPFL doesn't cover your own health)
• DBL: Eligible (covers her disability with partial pay)
• Result: Sandra takes 10 weeks off. FMLA protects her job. DBL pays her $170/week (minus 7-day waiting period). She does not use NYPFL because it doesn't cover her own health condition.

Example 4: Caring for Grandmother—NYPFL Only (FMLA Doesn't Cover) Omar's grandmother in Queens has terminal cancer. He wants to care for her during her final months. Omar works for a company with 100 employees.

• FMLA: Not applicable (grandparents aren't covered under FMLA)
• NYPFL: Covers this (grandparents are covered under NYPFL)
• Result: Omar takes 12 weeks of NYPFL to care for his grandmother. He receives 67% pay. His job is protected under NYPFL. FMLA doesn't apply because grandparents aren't covered, but Omar doesn't need it—NYPFL provides both pay and job protection.

Example 5: Part-Time Worker—NYPFL Only Lisa works 20 hours per week at a retail store with 60 employees. She's worked there 18 months. Her mother has a stroke requiring Lisa's care.

• FMLA: Not eligible (hasn't worked 1,250 hours in past year; working 20 hrs/week = about 1,040 hours/year)
• NYPFL: Eligible (worked 175+ days)
• Result: Lisa takes 10 weeks of NYPFL to care for her mother. She receives 67% pay based on her part-time wages (about $350/week). Her job is protected under NYPFL. She doesn't qualify for FMLA, but she doesn't need it.

Example 6: Pregnancy Stacking—DBL + NYPFL Rachel is pregnant working in Syracuse for a 30-person company. She's worked there 2 years. Her due date is July 1.

• FMLA: Not eligible (company too small)
• NYPFL: Eligible
• DBL: Eligible
• Result:
  • June 1 - August 12: DBL for pregnancy disability (11 weeks at $170/week = $1,870)
  • August 13 - November 4: NYPFL for bonding (12 weeks at 67% pay = $10,200)
  • Total: 23 weeks off, $12,070 in benefits
  • Job protected under state law (NYPFL and DBL) even though FMLA doesn't apply

Example 7: Pregnancy with FMLA—All Three Programs Tina is pregnant working for a company with 200 employees. She's worked there 5 years. Due date is May 15.

• FMLA: Eligible
• NYPFL: Eligible
• DBL: Eligible
• Result:
  • April 15 - June 26: DBL for pregnancy disability (11 weeks). FMLA runs concurrently for her health condition.
  • June 27 - September 19: NYPFL for bonding (12 weeks). FMLA already exhausted, but NYPFL provides continued job protection.
  • Total: 23 weeks off. FMLA covers first 12 weeks (concurrent with DBL and early bonding). NYPFL provides job protection for remaining bonding time.

Example 8: Multiple Needs in One Year—Running Out of Leave Marcus's daughter is born in February. He takes 12 weeks of NYPFL for bonding (March-May). His employer runs FMLA concurrently. In September, Marcus's father has a heart attack requiring Marcus's care for 8 weeks.

• NYPFL: Already used 12 weeks for bonding (exhausted for the year)
• FMLA: Already used 12 weeks concurrently with NYPFL (exhausted for the year)
• Result: Marcus has no protected leave remaining under FMLA or NYPFL. He must negotiate unpaid personal leave with his employer or use other protections (if available). This is the downside of concurrent use—both clocks ran together, leaving nothing for his father's emergency.

Example 9: Military Family Leave Alicia's husband deploys to Kuwait with the Army Reserve. She needs time off for qualifying exigencies (attending deployment ceremony, arranging childcare, etc.). She works for a company with 40 employees.

• FMLA: Not eligible (company too small; FMLA requires 50+ employees)
• NYPFL: Eligible (covers military family exigencies)
• Result: Alicia takes 2 weeks of NYPFL for qualifying exigencies. She receives 67% pay. Her job is protected under NYPFL. FMLA doesn't apply, but she doesn't need it.

Example 10: Caring for Adult Disabled Child Monica's 25-year-old son has cerebral palsy and requires surgery with extended recovery care. Monica works for a company with 150 employees.

• FMLA: Covers this only if her son is incapable of self-care due to disability
• NYPFL: Covers this (children of any age are covered)
• Result: Monica takes 8 weeks of NYPFL to care for her son. Her employer runs FMLA concurrently (both laws cover this situation). She receives 67% pay from NYPFL and job protection from both laws. After 8 weeks, she's used 8 weeks of both FMLA and NYPFL.

Example 11: Sibling Care—NYPFL Only Trevor's brother is in a serious car accident requiring Trevor's care during recovery. Trevor works for a company with 90 employees.

• FMLA: Doesn't cover siblings
• NYPFL: Covers siblings
• Result: Trevor takes 6 weeks of NYPFL to care for his brother. He receives 67% pay. His job is protected under NYPFL. FMLA doesn't apply because siblings aren't covered, but Trevor doesn't need FMLA—he has NYPFL protection.

Example 12: Intermittent Leave Diana's mother has kidney disease requiring dialysis three times weekly. Diana wants to drive her mother to appointments every Monday for 4 months. She works for a company with 75 employees.

• FMLA: Eligible for intermittent leave (medically necessary)
• NYPFL: Eligible if employer agrees to intermittent use
• Result: Diana's employer agrees to intermittent leave. Diana takes every Monday off for 16 weeks (about 5 weeks worth of leave spread over 4 months). FMLA and NYPFL run concurrently. She receives NYPFL payment for Mondays (67% of her Monday wages). She's used 5 weeks of both FMLA and NYPFL, leaving 7 weeks of each remaining.

Example 13: Recently Hired—No FMLA Yet Samantha starts a new job in January. In April (worked 13 weeks), her father is diagnosed with cancer requiring her care. She works for a company with 200 employees.

• FMLA: Not eligible yet (worked only 13 weeks; needs 12 months)
• NYPFL: Not eligible yet (worked only 13 weeks; needs 26 weeks full-time)
• Result: Samantha has no protected leave rights yet under either law. She must negotiate unpaid personal leave with her employer or wait until she qualifies (NYPFL eligibility comes first at 26 weeks). This shows the vulnerability of recently hired workers.

Example 14: Federal Employee Kevin works for the U.S. Department of Veterans Affairs in Buffalo. His daughter is born in March.

• FMLA: Eligible (federal employees are covered by FMLA)
• NYPFL: Not eligible (NYPFL doesn't cover federal employees)
• Result: Kevin takes 12 weeks of FMLA for bonding. His job is protected, but the leave is unpaid. He doesn't receive NYPFL benefits. He can use accrued annual leave (vacation) for pay, but receives no NYPFL.

Example 15: Strategic Timing to Maximize Leave Elena is pregnant with twins. She experiences complications requiring bed rest at 28 weeks. She works for a company with 60 employees and is eligible for FMLA, NYPFL, and DBL. Her goal is to maximize time off with maximum pay.

Her strategy:

1. Weeks 1-12 (bed rest and delivery): Use DBL for pregnancy complications and early postpartum. Use FMLA concurrently for first 12 weeks (covers her health condition). Receive $170/week from DBL. FMLA exhausted after 12 weeks.
2. Weeks 13-24: Use NYPFL for bonding (12 weeks at 67% pay = $10,800). FMLA already used, but NYPFL provides job protection.
3. Total: 24 weeks off. $2,040 from DBL (12 weeks) + $10,800 from NYPFL (12 weeks) = $12,840 total benefits.

By stacking DBL (for her health) + NYPFL (for bonding), and timing FMLA to cover her most vulnerable period, Elena maximizes her time off and income.

Frequently Asked Questions

Do I get 24 weeks total if I qualify for both FMLA and NYPFL? No. If you're taking leave for the same qualifying reason (like bonding), FMLA and NYPFL usually run concurrently (at the same time). You get 12 weeks total, not 24. However, if you have different qualifying reasons (your health condition vs bonding), you might be able to stack them consecutively.

Can I choose to use only NYPFL and save my FMLA for later? No. If you qualify for both laws and take leave for a covered reason, your employer can designate it as FMLA leave even if you're receiving NYPFL payment. You can't prevent concurrent use.

What if I only qualify for NYPFL but not FMLA? You're still fully protected. NYPFL provides both payment (67% wages) and job protection. You don't need FMLA if you have NYPFL.

Can I use NYPFL for my own illness? No. NYPFL doesn't cover your own health conditions. Use FMLA (if eligible) for job protection and Disability Benefits Law (DBL) for partial income when you're disabled from work.

Which law is better, FMLA or NYPFL? NYPFL is better for bonding and family care because it pays you (67% wages vs. zero under FMLA). FMLA is necessary for your own health conditions (not covered by NYPFL). Ideally, you qualify for both and receive payment from NYPFL plus job protection from both laws.

Do both laws cover the same family members? Mostly, but NYPFL is broader. NYPFL covers grandparents, grandchildren, and siblings. FMLA doesn't cover these relatives.

What if my employer says I can't use NYPFL because they offer FMLA? Your employer is wrong. NYPFL is a separate state law with different rights. If you qualify for NYPFL, your employer must allow you to use it (and receive payment) even if FMLA also applies.

Can my employer make me use vacation time during FMLA or NYPFL? Generally yes, for FMLA. Your employer can require you to use accrued paid time off concurrently with FMLA. For NYPFL, some employers require concurrent vacation use. This means you receive vacation pay plus NYPFL benefits during the same period.

What happens if I'm out longer than 12 weeks? If you exhaust both FMLA and NYPFL, you have no federally or state-mandated leave remaining. You may qualify for additional leave under the ADA (if you have a disability), or your employer may voluntarily extend unpaid leave. Consult an employment attorney if you need extended leave.

Can I take intermittent leave under both laws? FMLA allows intermittent leave when medically necessary. NYPFL allows intermittent leave only with your employer's agreement (for bonding and family care) or for military exigencies. If your employer agrees, both can run concurrently on an intermittent schedule.

Related Topics

• New York Leave Laws
• paid family leave
• disability benefits law
• pregnancy leave
• FMLA rights and protections
• paid sick leave

Legal Disclaimer

This guide provides general information about FMLA and New York Paid Family Leave and is not legal advice. Leave laws are complex, and your specific situation may have unique factors. If your employer denies your leave, retaliates against you, or you're unsure which laws apply to your situation, consult a qualified employment attorney. Laws and benefit amounts change regularly; verify current requirements with the U.S. Department of Labor (for FMLA) and NY Paid Family Leave (for NYPFL).

Need Legal Help? If your employer violated your FMLA or NYPFL rights, denied your leave improperly, or retaliated against you for taking protected leave, contact an employment attorney today. Many offer free consultations to review your case and explain your options.