FMLA in New York: Federal Leave, PFL, and State Benefits

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“FMLA in New York” is not one unified paid-leave program. Federal FMLA, New York Paid Family Leave, state disability benefits, and paid prenatal leave have different purposes and eligibility rules.

The correct starting point is the reason for the absence. Caring for a family member, managing the worker’s own health condition, bonding with a child, and attending prenatal appointments can lead to different combinations of protection and pay.

Federal FMLA still applies in New York

Federal FMLA covers private employers with at least 50 employees for at least 20 workweeks in the current or preceding calendar year. Public agencies and public or private elementary and secondary schools are covered regardless of size.

An employee generally must have 12 months of service, at least 1,250 hours of service during the preceding 12 months, and a worksite where the employer has at least 50 employees within 75 miles.

An eligible employee may take up to 12 workweeks in the employer’s applicable 12-month leave period for birth or placement of a child, the employee’s serious health condition, care for a spouse, child, or parent with a serious health condition, or a qualifying military exigency. Military caregiver leave can provide up to 26 workweeks in a single 12-month period.

FMLA is unpaid, although paid leave or wage-replacement benefits may overlap. It generally continues group health coverage and protects restoration to the same or an equivalent position.

New York Paid Family Leave covers family needs

New York PFL is employee-funded insurance that provides paid, job-protected time for bonding with a newly born, adopted, or fostered child, caring for an eligible family member with a serious health condition, or assisting with specified needs arising from a family member’s foreign military deployment.

PFL does not cover leave for the employee’s own illness or injury. An employee’s own condition may instead implicate federal FMLA, New York disability benefits, employer leave, or another law.

Employees regularly working 20 or more hours per week generally become PFL eligible after 26 consecutive weeks with the employer. Employees regularly working fewer than 20 hours generally qualify after working 175 days, which need not be consecutive.

New York PFL eligibility does not use federal FMLA’s 12-month, 1,250-hour, and 50-within-75-miles tests. Some public employees, workers in excluded employment, and people who qualify for a statutory waiver require separate analysis.

New York PFL benefits in 2026

An eligible worker may take up to 12 weeks of PFL in a 52-week period. Leave can be taken continuously or in full-day increments when properly supported.

For 2026, the benefit is 67% of the employee’s average weekly wage, capped at 67% of the New York State average weekly wage. The 2026 weekly maximum is $1,228.53.

The 2026 employee contribution rate is 0.432% of gross wages, capped at $411.91 for the year. These annual figures can change, so the year in which leave occurs matters.

PFL generally includes continued health-insurance coverage and restoration to the same or a comparable job. It also prohibits discrimination or retaliation for requesting or taking protected leave.

FMLA and New York PFL can run together

When the same event qualifies under both laws and the employer is covered by both, the employer may require FMLA and PFL to run concurrently. The worker receives PFL wage replacement while the same time counts against the applicable FMLA entitlement.

The entitlements do not always overlap. PFL can apply to care for a broader list of family members than federal FMLA, while FMLA can protect leave for the employee’s own serious health condition and PFL cannot.

Employers must provide the notices required by each applicable law. A PFL request does not eliminate federal FMLA designation or certification duties.

How to request New York PFL

A worker should notify the employer at least 30 days before foreseeable PFL or as soon as possible when the need is unexpected. The worker then completes the applicable request package, beginning with Form PFL-1 and adding forms or certifications for the particular reason.

The employer completes its section and returns it to the worker, generally within three business days. The worker submits the completed package to the employer’s PFL insurance carrier, which decides the claim.

Federal FMLA has its own notice process. An employee need not say “FMLA,” but must provide enough information for the employer to understand that the leave may be covered.

New York disability benefits address the worker’s condition

New York disability benefits provide temporary cash benefits for an eligible worker unable to work because of an off-the-job illness or injury, including qualifying pregnancy-related disability. The statutory benefit is generally 50% of average weekly wages, capped at $170 per week, for no more than 26 weeks in 52 consecutive weeks.

There is generally a seven-day unpaid waiting period, and benefits begin on the eighth consecutive day of disability. Medical documentation is required.

A worker cannot receive New York disability benefits and PFL at the same time. Combined disability and PFL benefits generally cannot exceed 26 weeks in a 52-week period.

Disability benefits provide cash replacement but do not by themselves supply the same job-restoration protection as PFL or FMLA. A pregnancy-related absence should therefore be checked under each potentially applicable law.

Paid prenatal leave is another distinct right

Since January 1, 2025, New York private-sector employees have 20 hours of paid prenatal leave in a 52-week period for health care received during or related to pregnancy. This benefit is separate from ordinary New York sick leave.

Paid prenatal leave is available without an accrual period and may be used in hourly increments. It covers the pregnant employee’s prenatal health care, not time for a spouse or partner to attend appointments.

Government employees are not covered by this state prenatal-leave provision, although other policies or collective bargaining rights may apply. Paid prenatal leave does not replace FMLA, PFL, or disability-benefit analysis for longer absences.

Compare the laws before counting available time

Leave calendars differ: FMLA uses the employer’s selected lawful 12-month method, PFL uses a 52-week lookback measured from each leave day, and paid prenatal leave uses its own 52-week period. Counting weeks without identifying the governing law can produce the wrong balance.

For broader federal detail, review our FMLA overview and guide to FMLA eligibility. Current forms, annual benefit figures, and claim instructions should be confirmed with the U.S. Department of Labor, New York Workers’ Compensation Board, and the employer’s insurer.

Sources

• U.S. Department of Labor — Family and Medical Leave Act
• U.S. Department of Labor — FMLA Eligibility
• New York Paid Family Leave Eligibility
• New York Paid Family Leave and Other Benefits
• New York PFL Updates for 2026
• New York PFL for Family Care
• New York Disability Benefits Eligibility and Benefits
• New York Paid Prenatal Leave Information
• New York Paid Prenatal Leave FAQs