The New York Paid Family Leave Law is one of the most robust employee protection laws in the country. Enacted in 2016 and fully phased in by 2021, the New York State Paid Family Leave Law (NYS PFL) provides eligible employees with paid time off while ensuring job protection and continued health insurance coverage. Whether you’re bonding with a new child, caring for a loved one with a serious health condition, or supporting a family member deployed abroad, this law is designed to help New York workers take necessary leave without fear of losing their jobs.
What Is the New York Paid Family Leave Law?
The New York Paid Family Leave Law is a state-mandated insurance program that requires most private employers to provide eligible employees with paid, job-protected time off. It is funded through employee payroll deductions and offers wage replacement, job security, and continued health benefits during the leave period. The law is administered by the New York State Workers’ Compensation Board.
Who Is Eligible for Paid Family Leave in New York?
To qualify under the New York State Paid Family Leave Law, employees must work for a private employer in New York and meet the following criteria:
- Full-time employees (regularly working 20+ hours/week): Eligible after 26 consecutive weeks of employment.
- Part-time employees (less than 20 hours/week): Eligible after working 175 days (not necessarily consecutive).
Public employees may also be covered if their employer has opted in or they have negotiated inclusion through a collective bargaining agreement.
What Situations Are Covered Under the Law?
The New York Paid Family Leave Law allows employees to take time off in the following scenarios:
- Bonding with a new child: Time off is allowed during the first 12 months after the birth, adoption, or foster placement of a child.
- Caring for a seriously ill family member: Employees may take leave to care for a spouse, domestic partner, child, parent, parent-in-law, grandparent, or grandchild with a serious health condition.
- Military family assistance: Employees can take leave to assist loved ones when a spouse, domestic partner, child, or parent is deployed abroad on active military duty.
What Benefits Does the Program Provide?
Eligible employees receive the following benefits under the New York State Paid Family Leave Law:
- Wage Replacement: As of 2025, employees receive 67% of their average weekly wage, up to a cap set annually by the state (based on the NY State Average Weekly Wage).
- Job Protection: Employees are guaranteed to return to the same or a comparable position after their leave ends.
- Health Insurance Continuation: Employers must maintain the employee’s health insurance under the same terms during leave.
How Is Paid Family Leave Funded?
Unlike employer-sponsored benefits, New York Paid Family Leave is funded entirely by employees through payroll deductions. The annual contribution rate is set by the New York State Department of Financial Services and is subject to change based on statewide usage and funding requirements.
Employers are responsible for deducting the appropriate amount from employee wages and remitting payments to the insurance carrier that provides Paid Family Leave coverage.
How Long Can You Take Paid Family Leave?
As of 2025, eligible employees can take up to 12 weeks of paid family leave in a 52-week period. This duration is the maximum allowed regardless of how many qualifying events occur within that time frame. Employees may take leave all at once or intermittently, depending on their needs and the situation.
How to Apply for New York Paid Family Leave
To request leave under the New York State Paid Family Leave Law, follow these steps:
- Notify your employer: Provide at least 30 days’ notice when foreseeable (such as the birth of a child or planned medical treatment). If unforeseeable, notify your employer as soon as possible.
- Obtain required forms: These include the PFL-1 form and additional documentation depending on the reason for leave (e.g., birth certificate, medical certification).
- Submit your request: File the completed forms and supporting documents with your employer’s Paid Family Leave insurance carrier.
- Wait for a response: The insurance carrier must respond within 18 days of receiving your completed application.
Job Protection Under the New York Paid Family Leave Law
Perhaps the most significant feature of the New York Paid Family Leave Law is its job protection guarantee. When you take leave under the law:
- Your employer cannot fire, demote, or retaliate against you for requesting or taking paid family leave.
- You are entitled to return to the same or a comparable job with the same pay, benefits, and terms of employment.
- Your employer must reinstate your health insurance and cannot require you to pay more for it than you did while working.
If your employer violates these protections, you may have grounds to file a complaint or pursue legal action.
Employer Responsibilities Under the Law
Under the New York State Paid Family Leave Law, employers have specific responsibilities, including:
- Posting a notice: Employers must display a PFL notice of compliance in the workplace.
- Providing information: Employers must inform employees of their rights and the process for applying.
- Maintaining benefits: Employers must maintain health insurance during leave and reinstate the employee’s position afterward.
- Ensuring compliance: Retaliation or refusal to reinstate employees may result in legal liability.
How The Howley Law Firm Can Help
At The Howley Law Firm, we understand how overwhelming it can be to assert your workplace rights—especially when facing retaliation, denial of benefits, or wrongful termination after taking leave. As experienced Employment & Whistleblower Lawyers in New York, we specialize in representing employees in disputes involving the New York Paid Family Leave Law and other state and federal employment protections.
If your rights have been violated or you’re unsure about your eligibility or job protection under the New York State Paid Family Leave Law, our team is here to guide you. We advocate for workers across industries and help ensure that your employer follows the law—so you can focus on what matters most.
Protect Your Rights With Confidence. Contact The Howley Law Firm Today
The New York Paid Family Leave Law provides critical financial and job protection to workers during some of life’s most challenging moments. From caring for family members to welcoming a new child, this law allows you to step away from work without risking your livelihood.
If you’re facing issues with your employer or simply want to understand your rights under the New York State Paid Family Leave Law, contact us here at The Howley Law Firm in New York today. Let our experienced employment attorneys help you take the next step with clarity and confidence.
FAQs
Yes. You’ll receive 67% of your average weekly wage, up to a cap based on the New York State Average Weekly Wage. The benefit amount is updated annually by the state.
Absolutely. Your employer is required to reinstate you to the same or a comparable position when your leave ends. Retaliation or termination for taking leave is prohibited under the law.
Yes. Intermittent leave is allowed if it’s medically necessary or fits the needs of your family situation. For example, you may take leave a few days a week to care for a sick relative.
If you are denied leave or face retaliation, you have the right to file a complaint or take legal action. A qualified employment attorney can help protect your rights under the law.
