Paid Family Leave

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Workers' Compensation Board State
As of January 1, 2018, paid family leave is mandatory in New York State. Almost all employees are eligible for paid family leave, and employers must give their employees paid family leave.

Paid Family Leave allows for employees to take paid time off work to care for family members who are very ill or have a serious health condition. Family members include:
  • Spouses, of any gender;
  • Domestic partners, of any gender;
  • Children;
  • Parents;
  • Parents-in-law;
  • Grandparents;
  • Grandchildren;
Serious health conditions are illnesses, injuries, impairments, or disabilities that involve inpatient care in a hospital or other health facility, or continuing long-term treatment. Temporary minor conditions such as the flu, cold, earaches, upset stomach, or routine care do not meet this definition.

Employees are guaranteed up to 8 weeks of Paid Family Leave, which will go up to 12 weeks in 2021. Employers can deduct up to 0.126% more of an Employee's paycheck to cover health insurance during paid family leave. Employees can receive 50% of their average weekly wage while on paid family leave, going up to 67% in 2021. Employers can allow employees to take vacation or sick leave so that the employee can earn a full salary. However, employers cannot require employees to take vacation or sick leave for paid family leave.

Employees qualify for paid family leave after working 20 or more hours a week for 26 weeks (6 months).

Employers cannot fire or demote employees for taking paid family leave under state law. Employers cannot terminate health insurance for employees who take paid family leave.


Additional resources


For more information, contact:

New York State Paid Family Leave Hotline
NY
Phone: 844-337-6303

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