New York Paid Family Leave Law

Eligible workers in New York are entitled to up to 12 weeks of paid, job-protected leave under the Paid Family Leave (“PFL”) law. It is one of the most expansive and comprehensive paid leave policies in the United States.

Employees can receive a weekly benefit of 67% of their Average Weekly Wage (“AWW”), capped at 67% of the NYS AWW. The maximum weekly benefit in 2024 was $1,151.16. The maximum weekly benefit in 2025 is $1,177.32.

Types of PFL

1. Maternity and/or paternity leave: This begins after birth and is not available for prenatal conditions. It applies to parents expecting, fostering, or adopting a child.
2. Leave to care for a close relative with a serious health condition: A close relative includes a spouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild, and/or sibling (biological or adopted sibling, half sibling, or stepsibling). Unlike the federal Family & Medical Leave Act, PFL does not apply to an employee’s serious health condition.
3. Leave to spend time with a close relative called to active military service or to relieve family pressures when someone is called to active military service.

Eligibility

The PFL applies to almost all full- and part-time New York employees who work for private employers, regardless of their size. Public employers may opt into the program; however, many have comparable benefits under collective bargaining agreements.

Employees are eligible for PFL after working full-time for 26 weeks or part-time for 175 days.

General Facts

Employees can take the maximum benefit length in any 52-week period. The 52-week clock begins the first day the employee takes PFL.

The PFL is entirely employee funded and comes from mandatory premiums deducted from paychecks.

Employers must return employees to their job or a comparable position after PFL. While out on PFL, employees continue their health insurance but remain responsible for their portion of the premium cost.

Employers cannot discriminate or retaliate against employees for taking PFL. If you think your employer may have discriminated against you for requesting or taking PFL, you must (1) Request Reinstatement; and, if the employer does not respond appropriately, (2) Submit a Discrimination/Retaliation Complaint to the NYS Workers’ Compensation Board. You can find more details and the required forms by clicking here.

Employers must pay close attention to the interplay between state and federal laws when addressing requests for leave and/or reasonable accommodations.

You may be permitted to use sick and/or vacation time together with PFL so that you receive your full salary. Employers may be prohibited from requiring employees to exhaust accrued sick and/or vacation time while out on PFL.

Applying for Benefits

To apply, notify your employer that you intend to file a PFL claim. If your leave is foreseeable, give your employer notice 30 days in advance. Your employer’s insurance carrier will process the claim or your employer may process it directly if they are self-insured.

You must file a Request for PFL form and documentation in support of your claim. The required documentation differs based on the type of PFL you are seeking. If your claim for PFL is denied, you may file a request to have an independent arbitrator review the denial.

Contact Information

For more information, call the PFL toll-free helpline at 844-337-6303 (Monday thru Friday, 8:30 am to 4:30 pm).

You can access more information online by clicking here.