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Balancing work and personal responsibilities can be challenging, especially when employees need time off to care for family members. The New York Paid Family Leave Act (PFL) provides job-protected, paid time off for eligible employees facing major life events, such as caring for a seriously ill family member, bonding with a new child, or handling responsibilities related to a family member’s military deployment.
This blog covers who qualifies, what benefits are available, and how employees can exercise their rights.
What Is the New York Paid Family Leave Act?
The New York Paid Family Leave Act ensures that employees can take time off without sacrificing income or job security. Depending on employer participation, it applies to most private-sector employees and some public-sector workers.
Key benefits include:
- Up to 12 weeks of paid leave per year
- Job protection during the leave period
- Continuation of health insurance if the employer provides coverage
- Protection from retaliation for taking leave
Employees who meet eligibility requirements cannot be fired, demoted, or penalized for requesting or using paid family leave.
Who Is Eligible for Paid Family Leave?
Employees working for private employers in New York must meet minimum work requirements to qualify:
- Full-time employees (working 20+ hours per week): Eligible after 26 consecutive weeks of employment
- Part-time employees (working less than 20 hours per week): Eligible after 175 workdays
Public employees may be covered if their employer opts into the PFL program.
Qualifying Reasons for Paid Family Leave
New York’s Paid Family Leave covers three main types of leave:
- Bonding with a new child – Available to parents after the birth, adoption, or foster placement of a child.
- Caring for a seriously ill family member – Employees can take leave to care for a spouse, domestic partner, child, parent, grandparent, grandchild, or sibling with a serious health condition.
- Handling family matters related to military service – Employees can take leave if their spouse, domestic partner, child, or parent is deployed on active military duty.
Unlike traditional sick leave, PFL does not cover an employee’s medical condition.
How Much Do Employees Earn on PFL?
The New York Paid Family Leave Act provides partial wage replacement based on a percentage of the employee’s average weekly wage:
- Employees receive 67% of their average weekly wage up to a state-set maximum
- The maximum benefit amount is adjusted annually
For 2024, the maximum weekly benefit is $1,151.16.
How to Apply for Paid Family Leave
Employees must follow a specific process to request leave:
- Notify your employer – Provide at least 30 days’ notice if leave is foreseeable (such as for childbirth or scheduled medical care). In emergencies, notify your employer as soon as possible.
- Complete the required forms – Obtain and fill out the correct PFL form from your employer or insurance carrier.
- Submit documentation – Provide proof of eligibility, such as medical certification, birth/adoption records, or military orders.
- Send the application to the insurance carrier – Your employer’s PFL insurance provider handles claims, and decisions are typically made within 18 days.
Employees should keep copies of all paperwork and follow up on the status of their claims.
Has Your Employer Denied Your Paid Family Leave?
Employers cannot deny an eligible employee’s PFL request. If an employer refuses to process a claim, retaliates against an employee, or terminates employment due to leave, legal action may be necessary.
Employees can:
- File a complaint with the New York Workers’ Compensation Board
- Consult an employment attorney to challenge violations and seek remedies
- Take legal action if necessary to protect their job and benefits
At Lipsky Lowe LLP, we focus exclusively on employment law in New York. We represent employees who face denied leave requests, retaliation, or wrongful termination for exercising their rights under the New York Paid Family Leave Act.
If your employer refuses to grant paid family leave, retaliates against you, or fails to comply with state law, we are here to to help. Contact us today for a consultation.