FMLA in New York: What Are the Latest Leave of Absence Laws?

New York state has some of the most comprehensive leave laws in the U.S., including Paid Family Leave (PFL) and the recently introduced Paid Prenatal Leave program. It’s also covered by the Family and Medical Leave Act (FMLA), a federal law that applies in all 50 states and provides up to 12 weeks of unpaid leave for qualifying reasons.

How can employers ensure compliance with both PFL and FMLA in New York? And are there scenarios in which an employee might be covered by state and federal leave laws at the same time? Here’s what you need to know about FMLA in New York, and how it overlaps with the state’s own family leave entitlements.

What Is New York State Paid Family Leave?

New York State Paid Family Leave (PFL) is a program that applies when an employee needs to take time off work to bond with an adopted or newborn child, care for a family member with a serious health condition, or respond to a family member’s active duty military service (i.e., military family leave).

Eligible employees can take up to 12 weeks of leave in a 52-week period, either all at once or in increments. While on leave, employees can take home up to 67% of their average weekly wage, up to a maximum of $1,177.32 per week.

The state also provides up to 20 hours of prenatal leave per year under a new Paid Prenatal Leave Law that came into effect in 2025.

What Is FMLA in New York?

The Family and Medical Leave Act (FMLA) provides up to 12 work weeks of leave in a 12-month period for any of the following reasons:

• To bond with a new child (including a foster child)
• To care for an ill or injured family member
• To deal with a serious injury or illness
• To act as a caregiver for a military service member
• To address a qualifying exigency related to military service

FMLA doesn’t provide any paid time off, but employees can use it alongside other leave benefits, such as NY Paid Family Leave. As with PFL, it can be used for 12 consecutive weeks or taken in smaller increments (i.e., intermittent FMLA).

Differences Between PFL and FMLA in New York

Both FMLA and PFL are job-protected leave programs, which means the employee can’t be fired while on leave and must be allowed to keep their health insurance. But there are a few key differences between the two laws that employers need to be aware of.

PFL Is Paid; FMLA Is Unpaid

The Family and Medical Leave Act provides up to 12 weeks of unpaid leave, while NY Paid Family Leave provides a partial wage replacement. This is funded by a payroll contribution of 0.388%, with an annual cap of $354.53, taken out of the employee’s wages. This is separate from any paid sick leave or disability benefits.

PFL May Be Easier to Qualify For

To be eligible for FMLA leave, an employee has to work for a covered employer — a private sector employer with 50 or more employees. They must work for the employer for at least 12 months, including 1,250 hours of work in the past year.

PFL applies to private employers with one or more employees, and employees only have to work for 26 weeks (full time) or 175 days (part time) to qualify.

New York PFL Only Applies to Family Members

Unlike FMLA leave, New York PFL benefits aren’t available for the employee’s own serious health condition or military service. According to NY.gov, the definition of a family member includes a spouse, domestic partner, child, parent, grandparent, grandchild, sibling, stepchild, stepparent, or parent-in-law.

The family member doesn’t have to live in New York — or even in the country — to count toward leave eligibility.

Navigating PFL and FMLA in New York

Employees may be eligible for both PFL and FMLA in New York, so employees should be prepared to comply with both of them. In some cases, an employee may qualify for both laws at the same time, in which case they would apply concurrently.

For example, an employee who qualifies for parental leave under both PFL and FMLA would get a maximum of 12 weeks of leave, not 24.

If only one law applies, then the employee retains their right to take leave under the other law. Let’s say an employee takes 12 weeks of leave to treat their own medical condition under FMLA; they can still take 12 weeks of leave to care for a sick family member under PFL, even though they have no more FMLA leave remaining.

This is why it’s important to track FMLA leave and other types of leave to meet your obligations as an employer without exceeding an employee’s leave benefits.

Employer Obligations Under PFL and FMLA in New York

What are your obligations as an employer under state and federal leave laws? And what information are employees required to provide when they request leave? Here are three best practices to follow when navigating PFL and FMLA in New York.

1. Keep Employees Informed

As an employer, it’s your responsibility to inform your employees about their right to take leave — such as on a poster or in your employee handbook. New York state provides a helpful resource you can use to explain Paid Family Leave to your employees.

You’ll also need to let them know about their estimated payroll deduction under PFL. If FMLA applies, you may be required to give them an FMLA designation notice.

2. Streamline the Leave Process

Employees are expected to give 30 days’ notice of their intent to take leave under PFL, and your insurance carrier should approve or deny their benefits within 18 days. FMLA also has a 30-day notice period, if possible, and you can ask employees to provide a certification from their health care provider to substantiate their need to take leave.

When you use a cloud-based leave management platform like Pulpstream, you can standardize the leave process for each type of leave and keep communications with your employee, insurance carrier, and health care providers all in one place.

3. Avoid Legal Complications

New York has strict laws against retaliation and discrimination, so avoid reassigning your employee unlawfully or asking them to work while on leave. Be sure to consider employees’ rights under all applicable laws, including federal FMLA leave and New York’s Paid Prenatal Leave Law.

Even if an employee doesn’t qualify for FMLA or PFL, they may still be eligible for other benefits, such as workers’ compensation or disability insurance.

Pulpstream helps you keep up with leave laws and ensure compliance by automatically assessing each case. Use it to request more documentation, track leave balances, and simplify the return to work and recertification process for your HR team.

Manage PFL and FMLA in New York With Pulpstream

New York employees have the right to take leave under state and federal leave law, but the circumstances surrounding those absences can vary. New York Paid Family Leave provides time off to care for an ill or injured family member and includes partial wage replacement. The Family and Medical Leave Act (FMLA) is unpaid, but covers more qualifying reasons, such as an employee’s own serious health condition.

Managing PFL and FMLA in New York can be complicated, but Pulpstream’s no-code platform makes it easy to stay compliant. With our digital forms, built-in leave tracking, and automatic email and SMS notifications, you can simplify your leave management process while keeping employees informed every step of the way.

Request a demo today to see how it works!