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Paid Family Leave – New York

Paid Family Leave – New York

The paid family leave (PFL) in New York State is one of the most generous in the country. Learn more with

In New York, the Paid Family Leave (PFL) program is an innovative initiative offering extensive support to workers. It ensures employees don’t have to choose between their jobs and family care. PFL allows for paid time off for family events, like bonding with a new child, caring for a seriously ill relative, or handling issues related to family military deployment.

As one of the most progressive policies in the U.S., New York’s PFL offers financial stability and promotes a compassionate work environment. This initiative reflects New York’s commitment to work-life balance and its leadership on gender and pay equity.

New York State Paid Family Leave

To qualify for New York State Paid Family Leave (PFL), employees must meet specific criteria based on work hours and tenure with their employer. Full-time employees become eligible after 26 consecutive weeks of working 20 or more hours a week. Part-time employees qualify after working less than 20 hours a week for 175 days. It applies to people who are expecting children, whether through birth, adoption, or foster care placement. There are specific considerations for family military support leave, in addition to paid time for an eligible employee for bonding leave.

PFL provides up to 12 weeks of paid leave at 67% of an employee’s average weekly wage, with a cap at the statewide average. This ensures financial stability and job protection during family care, allowing employees to return to the same or a similar position.

How does New York Paid Family Leave work?

To use New York’s Paid Family Leave (PFL), inform your employer about your leave, ideally 30 days ahead. Fill out the required forms and submit necessary documents, such as medical certificates or birth records, which you can get from your employer or the PFL program.

Once approved, you’ll receive up to 67% of your average weekly wage, funded by employee payroll deductions. The system provides financial support and job protection and ensures you can return to your job with health benefits, provided premiums are paid.

How much do you get paid for family leave in N.Y.?

The Paid Family Leave compensation in New York provides significant financial support without entirely replacing an employee’s salary.

If your average weekly wage exceeds the state average, your compensation will be capped at 67% of the state average. The state average is updated periodically to align the program’s benefits with economic changes deployed abroad. This pay structure balances financial support with the sustainability of the PFL program.

What is the difference between FMLA and PFL in N.Y.?

The Family Medical Leave Act (FMLA) and New York’s Paid Family Leave (PFL) support employees with family or medical needs but differ in benefits and scope. FMLA offers 12 weeks of unpaid leave with job protection for employees at larger companies and schools, but no pay.

New York’s PFL, however, provides up to 12 weeks of paid leave, covering 67% of an employee’s average maximum weekly benefit wage up to the state average, making it a financially better choice for those needing income during leave.

How do I claim N.Y. Paid Family Leave?

To apply for New York Paid Family Leave (PFL), here’s what to do for a smooth application process:

  1. Notify Your Employer: Inform your boss about your PFL plans for 30 days, like for scheduled surgery or childbirth. For unexpected situations, notify them immediately.
  2. Gather Needed Documents: Collect required documents based on the reason for your leave, such as a medical certificate, proof of relationship, or birth/adoption/foster care certificates.
  3. Fill Out Application Forms: Obtain the PFL application from your employer or the New York State Paid Family Leave website. Please fill it out completely and accurately to prevent delays.
  4. Submit Your Application: Send the completed application and documents to your employer’s PFL insurance carrier as directed. Keep copies of all submitted materials.
  5. Wait for Approval: After you submit your application, the insurance carrier will review it and notify you and your employer of the decision within 18 days.

What are the rules for Paid Family Leave in N.Y.?

New York’s Paid Family Leave (PFL) rules aim for fairness. Here’s an overview:

  • Eligibility: Full-timers qualify after 26 weeks of working 20+ hours weekly. Part-timers working less than 20 hours/week are eligible after 175 days of such work.
  • Notice Requirement: Employees should give 30 days’ notice before leaving if possible or as soon as feasible.
  • Documentation: Required documents include a child’s birth certificate for bonding, a medical certificate for caring for a sick relative, or active military service deployment papers.
  • Duration and Benefits: Employees can take up to 12 weeks of PFL per year and receive 67% of their average weekly wage. If birthing parents experience birth-related medical conditions, they may be able to apply for disability-related income replacement insurance to supplement.
  • Protection: After PFL, employees can return to their same or similar jobs at the same pay and conditions.

How do I get a PFL in N.Y.?

To get Paid Family Leave in New York, eligible employees should notify their employer about their leave plans, ideally 30 days ahead of expected events. Based on the reason for the leave, they must gather necessary documents, like medical certifications or proof of family relationship.

Then, please fill out the PFL application form from their employer or the New York State PFL website and submit it with the required documents to the employer’s PFL insurance carrier. After submission, the insurer will review the application and notify the employee and employer of the domestic partner of the approval status within 18 days.

What is the Family Leave Act in New York?

The Family Leave Act in New York and Paid Family Leave (PFL) support workers in managing job duties and family needs. It allows for unpaid, job-protected leave for specific family and medical reasons, with continued serious health condition benefits. These laws ensure New Yorkers don’t have to choose between job security and caring for loved ones or themselves during serious health issues or family planning.

Which employees are covered under N.Y. Paid Family Leave?

Many employees are covered under New York’s PFL, ensuring diverse workforce inclusivity. Essentially, coverage extends to:

  • Full-time employees: Those who work a regular schedule of 20 or more hours per week become eligible for PFL after 26 consecutive weeks of employment with the same employer.
  • Part-time employees: Workers employed for fewer than 20 hours per week qualify for PFL after working 175 days for the same employer, which do not need to be consecutive.

How many weeks is Paid Family Leave in N.Y.?

In New York, Paid Family Leave lets eligible employees take up to 12 weeks of leave within a year after birth, adoption, or foster care. It’s meant to give enough time for personal family needs like bonding with a new child, caring for a sick family member, or dealing with military family issues. New York’s PFL duration is one of the most generous in the country.


What is the minimum time you can take for PFL in New York?

In NYS, the minimum duration for an employee to take Paid Family Leave is one full day. Employees can use PFL in daily increments, allowing partial weeks to be taken as needed, which helps accommodate various scheduling and care needs.

Can I use PFL and FMLA leave concurrently in New York?

Yes, in New York, employees can concurrently use New York State (NYS) paid family leave (PFL) and Family Medical Leave Act(FMLA) if the reason for the leave qualifies under both programs. This simultaneous usage can help extend the duration of paid leave by applying PFL benefits toward the FMLA unpaid leave pay period. When in doubt, contact the PFL leave helpline at (844) 337-6303.

How does New York’s PFL impact my accrued vacation or sick leave?

Employers in New York may allow or require employees to use accrued paid vacation or sick leave concurrently with PFL to receive full pay. However, both the employee and employer must agree to this.


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