10 Key Questions About Leave Laws in New York

New York combines federal and state leave laws to ensure employees have access to time off for personal, family, and medical needs. Key leave laws include the federal FMLA, New York’s Paid Family Leave (PFL) law, the Disability Benefits law, the Paid Sick Leave law, and the Paid Prenatal Leave law.

While the federal Family and Medical Leave Act (FMLA) offers eligible employees unpaid, job-protected leave for qualifying family and medical reasons, the New York State Paid Family Leave law provides job-protected paid time off (PTO) to employees to care for their family members. 

New York law also provides short-term Disability Benefits Leave to employees for non-work-related illness or injury.

New York’s Paid Sick Leave Law requires most employers to provide paid sick leave, while the state’s Paid Prenatal Leave law provides additional paid time off to private-sector employees for prenatal care.

The New York State law also allows employees to take time off for jury duty, military service, and voting.

New York leave laws provide employees with different types of paid and unpaid leave, including:

• Family and Medical Leave: Under the federal FMLA, eligible employees in New York can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific family and medical reasons. These include caring for an employee’s own or a family member’s serious health condition, or for childbirth, adoption, or foster care placement, and addressing certain military-related needs. Additionally, FMLA offers up to 26 weeks of leave in a 12-month period to care for a covered servicemember’s serious illness or injury.
• Paid Family Leave: New York State (NYS) Paid Family Leave (PFL) policy provides most private-sector employees up to 12 weeks of job-protected leave to bond with a newly born, adopted, or fostered child, care for a family member with a serious health condition, or assist when a family member is deployed on active military service. Employees can get 67% of their average weekly wages, capped at 67% of the current statewide average weekly wage. For 2026, the maximum benefit an employee can get is $1,228.53 per week. To be eligible, employees must meet the minimum time-worked requirements for Paid Family Leave. Public sector employees will only be eligible if their employer has voluntarily opted into the program. Self-employed individuals may also opt in.
• Disability Benefits Leave: In New York, employees who cannot work due to a non-work-related illness or injury may receive up to 26 weeks of short-term disability benefits leave within a consecutive 52-week period, including for an employee’s pregnancy. While it is separate from Paid Family Leave (PFL), the total combined time off for disability and PFL cannot exceed 26 weeks in a 52-week period. Eligible employees can receive up to 50% of their average weekly wage, currently capped at $170 per week. To qualify, the employee must be under the care of a licensed medical provider. Most employers in New York must provide this coverage, though they may ask employees to contribute up to 0.5% of wages, not exceeding 60 cents per week, to help fund the benefit.
• Paid Prenatal Leave: New York State Paid Prenatal Law entitles all private-sector employees to 20 hours of paid leave per year for prenatal care. Local, state, and federal government employees aren’t covered.
• Paid Sick Leave: New York Paid Sick Leave (PSL) law requires all private employers with five or more employees or a net income of over $1 million to provide paid sick leave. Smaller employers must provide unpaid sick leave. Employees accrue leave at one hour for every 30 hours worked, up to 40 or 56 hours per year, depending on employer size. This leave can be used for an employee’s own or a family member’s illness, injury, or health condition, or for addressing situations related to domestic violence.
• Jury Duty Leave: All employers in New York must allow time off to employees for jury service. Jurors receive at least $72 per day as fee, either paid by the State or by the employer, depending on the day of service and employer size.
• Military Leave: Under the federal USERRA, employees in New York receive job-protected leave for military duty and training. New York State Military Law provides additional paid leave to public employees on military duty for up to a total of 60 days or 52 working days per calendar year, whichever is greater.
• Voting Leave: Employees in New York are eligible for up to two hours of paid time off to vote if they do not have four consecutive hours to vote before or after work.

The duration of a leave depends on the specific New York leave law that applies:

• FMLA Leave: Up to 12 weeks of unpaid, job-protected leave in a 12-month period for family and medical reasons, and up to 26 weeks of military caregiver leave in a 12-month period
• Paid Family Leave: Up to 12 weeks of paid time off benefits
• Disability Benefits Leave: Up to 26 weeks of disability leave benefits in a consecutive 52-week period
• Paid Prenatal Leave: 20 hours per year
• Paid Sick Leave: Up to 40 or 56 hours of leave per year, depending on employer size. Accrued at one hour for every 30 hours worked. Unpaid leave for employees of employers with fewer than five employees or a net income of $1 million or less
• Jury Duty Leave: For the duration of jury service
• Military Leave: For the duration of military service under USERRA. Up to 60 calendar days or 52 working days of paid leave for public employees, whichever is greater, under state military law
• Voting Leave: Up to two hours of paid time off if they do not have sufficient time to vote outside work hours

Here’s how New York’s Paid Family Leave (PFL) compares to the federal FMLA leave:

Yes. In New York, part-time employees who work fewer than 20 hours per week are eligible for Paid Family Leave after working 175 days, which do not have to be consecutive. For employees with irregular work schedules, eligibility depends on their average weekly hours.

In New York, part-time employees may qualify for FMLA leave for specific family and medical reasons, provided they meet the federal eligibility requirements for hours worked and length of employment.

Part-time employees in NY are also entitled to 20 hours of Paid Prenatal Leave per year and up to 40 or 56 hours of unpaid or Paid Sick Leave, depending on employer size.

Part-time employees are also entitled to jury duty leave and may receive a jury fee, just like full-time employees. If an employee works for an employer with more than ten employees, the employer will pay them a jury fee of $72 or their wage, whichever is lower, and the State will cover the difference for the first three days of jury service. Smaller employers may not pay the employee for jury duty, so the State will pay jurors at least the jury fee. After three days, the State pays the jury fee per day.

Yes, employees in New York get paid during various types of leaves. The details are as follows:

Employees in New York receive 67% of their average weekly wage while on the state’s Paid Family Leave, capped at 67% of the current statewide average weekly wage. The maximum weekly benefit an employee can get is $1,228.53.

In New York, employees on disability leave may also receive up to 50% of their average weekly wage for the last eight weeks worked, capped at $170 per week currently.

Private-sector employees are paid their regular wages or at the appropriate minimum wage for their occupation (whichever is greater) while on paid prenatal leave. Employees who earn the tipped minimum wage are paid the full minimum wage of their region during this leave.

Covered employees must be paid their normal wages or the applicable minimum wages, whichever is greater, for any Paid Sick Leave. This leave is accrued at one hour for every 30 hours worked, and capped at 40 or 56 hours per year, depending on employer size.

Employees on jury duty leave in New York are paid a jury fee. For the first three days, employers with more than 10 employees must pay either the jury fee or the employee’s regular wages. If an employee’s wages are less than the jury fee, the State pays the difference. After three days, the State pays the jury fee of $72 per day. If an employee spends part of their day for jury service and another part working, employers must pay for the hours worked.

New York State employees are also paid their regular wages while on military leave, for up to 60 calendar days or 52 working days (whichever is greater) per year.

Employees are also paid during their voting leave of up to two hours in New York.

Yes, employees in New York can keep their health insurance benefits while on Paid Family Leave on the same terms as if they were actively working. However, if the employee also contributes to the plan, they must continue to pay their portion of the premium.

In New York, employees on FMLA leave can keep their group health insurance under the same terms as if they were actively working, as long as they continue paying their share of premiums. If an employee chooses not to keep coverage while on leave, their health benefits must be fully restored when they return to work. Other benefits, such as life insurance, disability insurance, sick leave, vacation, pensions, and retirement plans, must also be reinstated at the same level as before the leave began.

During military leave in New York, employees can keep their health plan coverage for up to 24 months under USERRA. Even if they drop it, coverage must be reinstated without waiting periods upon their return from military service.

Yes. In New York, an employee’s unused sick leave can be carried over to the next year. However, employers can limit the use of sick leave to 40 or 56 hours per calendar year, depending on their company’s size.

Yes, since New York is an “at-will” employment state, employees can be fired at any time, with or without reason. However, employees are prohibited from firing, disciplining, or discriminating against employees for exercising their rights under federal and state leave laws. This includes taking protected leave, such as:

• FMLA leave
• NYS Paid Family Leave
• New York Paid Prenatal Leave
• New York Paid Sick Leave
• Jury Duty Leave
• Military Leave
• Voting Leave

If an employee’s Paid Family Leave rights are violated in New York, they can file a complaint with the NYS Workers’ Compensation Board. The employer may be ordered to reinstate the employee, pay back wages, pay attorney’s fees, and/or pay a penalty of up to $500.

For violations related to paid prenatal leave, an employee can file a complaint with the New York State Department of Labor.

If an employee is retaliated against for using their sick leave rights, they can contact the NYS Department of Labor’s Anti-Retaliation Unit. Employers who fail to provide sick leave to an employee may be subject to an order to pay back lost wages, 100% liquidated damages, and civil penalties up to double the total due amount.

For FMLA violations, employees can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD) or pursue a civil action against their employer.