🇺🇸 New York Paid Leave — 2026 UPDATE

New York Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

⚠️Informational only — not legal or tax advice.

Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of New York, United States      
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

How long is maternity leave in New York How long is paternity leave in New York

Table of Contents

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Introduction

New York requires private employers to provide paid sick leave under New York Labor Law (NYLL) § 196-b. New York operates one of the nation’s most comprehensive state-funded paid family leave programs — New York State Paid Family Leave (NY PFL) — administered by the New York State Workers’ Compensation Board under Workers’ Compensation Law Article 9. At the federal level, the Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave. New York also maintains a mandatory Temporary Disability Insurance (TDI) program covering pregnancy-related disability, administered by the Workers’ Compensation Board. This page compiles current requirements from the New York State Department of Labor, the New York State Workers’ Compensation Board, and the U.S. Department of Labor.

Quick Reference — New York Paid Leave Snapshot

New York Paid Leave Laws Overview
Category Status
Mandatory Paid Sick Leave Yes
Governing Statute New York Labor Law §196-b
Administering Agency NYS Department of Labor, Division of Labor Standards
Covered Employers All private-sector employers (requirements scale by size)
Eligible Employees All private-sector employees; accrual begins on first day of employment
Accrual Rate 1 hour per 30 hours worked
Annual Usage Cap 40 hours (employers with fewer than 100 employees); 56 hours (100+ employees)
Paid Family & Medical Leave Program Yes
PFML Program Name New York State Paid Family Leave (NY PFL)
PFML Weekly Benefit Maximum (2026) $1,228.53 (67% of NY State Average Weekly Wage)
PFML Duration Up to 12 weeks per 52-week period
TDI (Pregnancy Disability) Yes — up to 50% of AWW, max $170/week, up to 26 weeks
Paid Prenatal Leave Yes — 20 additional paid hours per 52-week period (effective January 1, 2025)
FMLA Applies Yes (Federal baseline)
Information Current As Of March 2026

Sources: ny.gov/programs/new-york-paid-sick-leave · paidfamilyleave.ny.gov · wcb.ny.gov — Disability Benefits · dol.gov/agencies/whd/fmla

New York enacted statewide paid sick leave legislation on April 3, 2020, with accrual beginning September 30, 2020, and employee use permitted beginning January 1, 2021. New York City maintains a separate local ordinance that meets or exceeds state minimums.

Does New York Require Paid Sick Leave?

New York requires employers to provide paid or unpaid sick leave under New York Labor Law § 196-b, administered by the NYS Department of Labor, Division of Labor Standards. Whether leave is paid depends on employer size and net income: employers with five or more employees, or net income above $1 million, must provide paid sick leave; employers with fewer than five employees and net income of $1 million or less provide unpaid sick leave.

Source: ny.gov/programs/new-york-paid-sick-leave

Which Employers Are Covered?

NYLL § 196-b applies to all private-sector employers in New York State. Requirements scale by employer size:

New York Paid Sick Leave — Employer Size and Annual Usage Cap
Employer Size Leave Type Annual Usage Cap
100+ employees Paid sick leave 56 hours
5–99 employees Paid sick leave 40 hours
0–4 employees, net income > $1 million Paid sick leave 40 hours
0–4 employees, net income ≤ $1 million Unpaid sick leave 40 hours

New York City employers are subject to the NYC Protected Time Off Law (NYC Administrative Code § 20-912 et seq.), administered by the NYC Department of Consumer and Worker Protection (DCWP). The NYC law meets and exceeds state standards. Effective February 22, 2026, NYC employers must additionally provide 32 hours of immediately available unpaid protected time off, in addition to the paid sick leave required under the state law.

Sources: ny.gov/programs/new-york-paid-sick-leave · nyc.gov — Protected Time Off Law

Which Employees Are Eligible?

All private-sector employees working in New York State are covered under NYLL § 196-b, regardless of industry, occupation, part-time status, or overtime-exempt classification. Government employees are not covered by the state sick leave law. Accrual begins on the first day of employment; a 120-calendar-day waiting period applies before an employee may use accrued leave (from the commencement of employment).

Source: ny.gov/sites — PSL FAQ

Accrual, Frontloading & Caps

Employees accrue sick leave at a rate of not less than one hour per every 30 hours worked, beginning on the date of employment or the September 30, 2020 effective date, whichever is later. Accrual applies to non-hourly employees based on the actual length of time worked.

Employers may elect to frontload the full annual leave amount at the start of the calendar year. If an employer elects frontloading, the leave may not be reduced or revoked based on actual hours worked during the year.

There is no statutory cap on total accrual (unused leave carries over year to year), but employers may cap annual usage at 40 hours (fewer than 100 employees) or 56 hours (100+ employees). Employers may offer payment for unused leave at year-end as an alternative to carryover.

Source: nysenate.gov — NYLL § 196-b

Qualifying Reasons for Paid Sick Leave

Under NYLL § 196-b, accrued sick leave may be used for:

  • Mental or physical illness, injury, or health condition of the employee or a covered family member, regardless of whether a diagnosis has been made or medical care is required
  • Preventive care for the employee or a covered family member
  • Care for a family member when the employee or family member has been the victim of domestic violence, a sexual offense, stalking, or human trafficking, including: seeking services from a shelter, rape crisis center, or service program; safety planning; relocating; meeting with attorneys or social service providers regarding custody, orders of protection, or housing; or participating in civil or criminal proceedings related to the offense

Source: ny.gov/sites — PSL FAQ

Definition of Family Member

Under NYLL § 196-b, “family member” is defined as an employee’s child, spouse, domestic partner, parent, sibling, grandchild, or grandparent, and the child or parent of an employee’s spouse or domestic partner. “Parent” includes biological, foster, step, or adoptive parents, legal guardians, and persons who stood in loco parentis to the employee when the employee was a minor. “Child” includes biological, adopted, or foster children, legal wards, and children of an employee standing in loco parentis.

Source: ny.gov/sites — PSL FAQ

Pay Rate & Documentation

Sick leave is compensated at the employee’s regular rate of pay, or the applicable minimum wage, whichever is greater. Employers may not take a tip credit during sick leave — tipped employees must be paid the full applicable minimum wage. Employers may set a reasonable minimum increment for leave use, not to exceed four hours. Employers may not require disclosure of confidential medical information as a condition of granting sick leave. Employers must maintain payroll records for six years documenting sick leave accrual and use; employees may request a summary of their current and prior-year accrual and usage within three business days of such request.

Source: ny.gov/sites — PSL FAQ · nysenate.gov — NYLL § 196-b

Retaliation Protections

NYLL § 196-b prohibits employers from discharging, threatening, penalizing, or in any other manner discriminating or retaliating against any employee for exercising rights under the statute, including requesting or using sick leave or paid prenatal leave. Upon return from sick leave, an employee must be restored to the same position held prior to leave. Employees may file a complaint with the NYS Department of Labor, Division of Labor Standards.

Source: nysenate.gov — NYLL § 196-b · dol.ny.gov — File a Complaint

Does New York Have a Paid Family & Medical Leave Program?

New York operates the New York State Paid Family Leave program (NY PFL), enacted in 2016 under Workers’ Compensation Law Article 9 and administered by the New York State Workers’ Compensation Board. Benefits first became available January 1, 2018, with a four-year phase-in period completed by 2021. NY PFL is described by the state as the nation’s strongest and most comprehensive paid family leave policy.

Source: paidfamilyleave.ny.gov

Program Overview — New York State Paid Family Leave (NY PFL)

  • Administering Agency: New York State Workers’ Compensation Board
  • Official Program Website: paidfamilyleave.ny.gov (non-.gov domain officially designated and linked by the NYS Workers’ Compensation Board at wcb.ny.gov)
  • Benefits effective: January 1, 2018 (fully phased in by 2021)
  • Funding mechanism: Employee-only payroll deductions (after-tax); employers do not contribute
  • 2026 employee contribution rate: 0.432% of gross wages per pay period
  • 2026 maximum annual employee contribution: $411.91 (0.432% of the NYSAWW of $1,833.63)
  • Employer coverage threshold: Private employers with at least one employee in New York State on each of at least 30 days in any calendar year; public employers may voluntarily opt in

Source: wcb.ny.gov — PFL 2026 Press Release · paidfamilyleave.ny.gov/2026

Qualifying Reasons for New York State Paid Family Leave

Under Workers’ Compensation Law Article 9, NY PFL is available for:

  • Bonding: Bond with a newly born, adopted, or fostered child at any time during the first 12 months after the child’s birth or placement
  • Family Care: Care for a covered family member with a serious health condition — defined as an illness, injury, impairment, or physical or mental condition involving inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or supervision by a health care provider
  • Military Family Support: Assist loved ones when a spouse, domestic partner, child, or parent is deployed abroad on active military service, or has received notice of an impending call or order to active duty in a foreign country

Note: NY PFL does not cover an employee’s own serious health condition. An employee’s own disability (including pregnancy-related disability) is covered separately under New York’s Temporary Disability Insurance (TDI) program (see Section 3B below).

Source: paidfamilyleave.ny.gov · paidfamilyleave.ny.gov/2026

Benefit Amount & Duration
Benefit Detail Amount (2026)
Wage Replacement Rate 67% of employee's average weekly wage (AWW)
AWW Calculation Average of last 8 weeks of wages prior to taking PFL
NYSAWW (2026) $1,833.63 per week
Maximum Weekly Benefit (2026) $1,228.53 (67% of NYSAWW)
Maximum Total Annual Benefit (2026) $14,742.36
Maximum Leave Duration 12 weeks per 52-week rolling period
Intermittent Leave Permitted; in full-day increments only
Waiting Period None
Job Protection Yes — return to same position (or comparable)
Health Insurance Continuation Yes — on same terms as while working

Source: wcb.ny.gov — PFL 2026 Press Release · paidfamilyleave.ny.gov/2026

Eligibility Requirements

  • Full-time employees (regular schedule of 20 or more hours per week): eligible after 26 consecutive weeks of employment with a covered employer
  • Part-time employees (regular schedule of fewer than 20 hours per week): eligible after 175 days worked for a covered employer
  • Eligibility applies regardless of citizenship or immigration status
  • Most private-sector employees in New York State are covered; certain exceptions apply (e.g., employees who will not meet eligibility criteria may file a waiver)

Source: paidfamilyleave.ny.gov — Eligibility · nysif.com — PFL Claimant

Family Member Definition Under NY PFL

For purposes of family care leave, covered family members include: spouse, domestic partner, child (biological, adopted, or foster child; legal ward; or child for whom the employee stands in loco parentis), parent (biological, foster, adoptive, or step-parent; legal guardian; or a person who stood in loco parentis to the employee), parent-in-law, grandparent, grandchild, and sibling.

Source: paidfamilyleave.ny.gov — Family Care Leave

How to Apply for NY PFL Benefits

Applications are submitted to the employer’s Paid Family Leave insurance carrier (not to the employer directly). The state’s insurer is the New York State Insurance Fund (NYSIF); private carriers also provide coverage. When leave is foreseeable, notice must be provided to the employer at least 30 days in advance. When leave is not foreseeable, notice must be given as soon as practicable.

Required forms vary by leave type:

  • All claims: Form PFL-1 (Request for Paid Family Leave)
  • Bonding: Form PFL-2 (Bonding Certification)
  • Family Care: Form PFL-3 (Release of Personal Health Information) + Form PFL-4 (Health Care Provider Certification)
  • Military: Form PFL-5 (Military Qualifying Event)

Forms and instructions are available at paidfamilyleave.ny.gov/forms.

Source: nysif.com — PFL Claimant · paidfamilyleave.ny.gov — Employees

Employer Obligations Under NY PFL

State law requires covered employers to obtain NY PFL insurance coverage (through a private carrier or the NY State Insurance Fund), collect employee payroll contributions at the applicable rate, and post required NY PFL notices at worksites. Employers must also provide written guidance to employees on requesting leave. Employers may not require employees to exhaust accrued vacation time before using NY PFL; coordination with other employer-provided paid leave policies is permitted when applied consistently. Retaliation or discrimination against employees for requesting or taking NY PFL is prohibited.

Source: paidfamilyleave.ny.gov — Employers · paidfamilyleave.ny.gov — Employer Responsibilities

Maternity, Paternity & Parental Leave in New York

New York’s parental leave framework draws on three separate programs: NY PFL (paid bonding leave), TDI/Disability Benefits Law (paid pregnancy disability), and the federal FMLA (unpaid job-protected leave). The interaction of these programs provides birthing parents with a stacking opportunity unique among states.

How Long Is Maternity Leave in New York?

Maternity leave in New York can extend up to approximately 30 weeks when available programs are combined, though individual eligibility determines actual duration:

  • TDI (Pregnancy Disability): Up to 4 weeks before the due date and 6 weeks after a vaginal delivery (8 weeks after a Cesarean delivery), paid at 50% of AWW up to $170/week. TDI covers the period when the birthing parent is medically unable to work; additional weeks may be available with physician certification of complications or postpartum conditions such as postpartum depression. Maximum TDI duration is 26 weeks in any 52-week period. Administered by the Workers’ Compensation Board.
  • NY PFL (Bonding Leave): Up to 12 weeks of paid bonding leave at 67% of AWW (maximum $1,228.53/week in 2026), available during the first 12 months following birth. PFL and TDI cannot be taken simultaneously but may be taken sequentially.
  • FMLA: Up to 12 weeks of unpaid, job-protected leave, which may run concurrently with both TDI and PFL for eligible employees.
  • Paid Prenatal Leave: An additional 20 hours of paid leave for prenatal health care appointments, available separately from all other leave types (see Section 5).

Combined, a birthing parent eligible for all programs could use approximately 4–8 weeks of TDI before and after birth, followed by up to 12 weeks of NY PFL for bonding — with FMLA running concurrently during the PFL period to provide job protection.

Sources: wcb.ny.gov — Disability Benefits · paidfamilyleave.ny.gov · wcb.ny.gov — Employee Eligibility/Benefits

Is Maternity Leave Paid in New York?

Yes, through multiple programs:

  • TDI provides cash benefits (50% of AWW, maximum $170/week) during the period of pregnancy-related disability, including 4 weeks before the due date and 6–8 weeks postpartum. There is a one-week unpaid waiting period for TDI. TDI does not provide job protection independently; job protection during TDI may be available under FMLA for eligible employees.
  • NY PFL provides paid bonding leave at 67% of AWW (maximum $1,228.53/week in 2026) for up to 12 weeks. NY PFL includes job protection and continued health insurance.
  • Paid Prenatal Leave (effective January 1, 2025) provides 20 hours of paid leave per 52-week period for prenatal health care appointments, at the employee’s regular rate of pay.

The combined TDI maximum of $170/week has not been increased since 1989; pending legislation (S172/S172A, 2025-2026 session) would increase TDI benefits in phases from 2027 forward.

Sources: wcb.ny.gov — Employee Eligibility/Benefits · paidfamilyleave.ny.gov/2026 · ny.gov/programs/new-york-state-paid-prenatal-leave

Paternity Leave and Parental Leave in New York

Under NY PFL, non-birthing parents — including fathers, same-sex partners, adoptive parents, and foster parents — are equally eligible for bonding leave. All eligible employees (regardless of gender or relationship to the child) may take up to 12 weeks of NY PFL at 67% of AWW during the first 12 months after the child’s birth, adoption, or foster placement. FMLA bonding leave applies equally to both parents under federal law.

NY PFL does not provide a separate “paternity leave” category — the bonding leave entitlement is the same for all parents. A second parent who is not named in the birth certificate must provide a Voluntary Acknowledgment of Paternity, a Court Order of Filiation, or documentation of a relationship to the birth parent (e.g., marriage certificate, domestic partnership documentation) to support a bonding claim.

Source: paidfamilyleave.ny.gov — Bonding Leave · suny.edu — PFL

Federal FMLA in New York

The Family and Medical Leave Act (FMLA) is the federal baseline for job-protected family and medical leave. In New York, FMLA operates alongside NY PFL and TDI; eligible employees covered by both state and federal law may be entitled to concurrent protections that differ in important ways.

FMLA Coverage and Eligibility

The FMLA applies to:

  • Covered employers: Private employers with 50 or more employees within 75 miles; all public agencies; all public and private elementary and secondary schools (regardless of size)
  • Eligible employees: Employees who have worked for the covered employer for at least 12 months AND have worked at least 1,250 hours during the 12 months preceding the start of leave AND work at a location where the employer has at least 50 employees within 75 miles

FMLA provides up to 12 workweeks of unpaid, job-protected leave in a 12-month period (26 weeks for military caregiver leave). During FMLA leave, the employer must maintain group health insurance coverage on the same terms as if the employee had continued to work.

Source: dol.gov/agencies/whd/fmla

Qualifying Reasons Under FMLA in New York

  • Birth of a child and care for the newborn during the first year
  • Placement of a child for adoption or foster care and care for the newly placed child during the first year
  • Serious health condition of the employee
  • Serious health condition of the employee’s spouse, child, or parent
  • Qualifying exigency arising from a family member’s covered active duty military service
  • Care for a covered servicemember with a serious injury or illness (up to 26 weeks)

Source: dol.gov/agencies/whd/fmla

Is FMLA Paid or Unpaid in New York?

FMLA leave is unpaid under federal law. However, New York provides paid leave through separate state programs that may run concurrently:

  • NY PFL (bonding, family care, military) provides wage replacement at 67% of AWW for qualifying reasons
  • New York TDI provides partial wage replacement (50% of AWW, max $170/week) for an employee’s own pregnancy-related disability
  • New York Paid Sick Leave (NYLL § 196-b) accrued leave may be used during FMLA; employer policy governs whether use of accrued paid leave is required or optional during FMLA

The distinction matters: FMLA covers the employee’s own serious health condition (including pregnancy-related incapacity), while NY PFL does not — NY PFL covers bonding and family care only. An employee experiencing a pregnancy-related serious health condition would rely on FMLA + TDI, not NY PFL, for that period.

Source: dol.gov/agencies/whd/fmla · paidfamilyleave.ny.gov — PFL and Other Benefits

Does FMLA Apply to Small Businesses in New York?

Federal FMLA applies to private employers with 50 or more employees within a 75-mile radius. Private employers with fewer than 50 employees are not covered by FMLA. However, NY PFL applies to private employers with as few as one employee working in New York State on each of at least 30 days in any calendar year — a substantially lower threshold than FMLA. As a result, employees of small employers in New York who are ineligible for FMLA may still qualify for NY PFL bonding or family care leave.

Source: dol.gov/agencies/whd/fmla · paidfamilyleave.ny.gov — Employers

How New York PFL Interacts with FMLA

NY PFL and FMLA are separate legal frameworks with significant differences:

Federal FMLA vs New York Paid Family Leave (NY PFL)
Feature Federal FMLA NY PFL
Pay Unpaid Paid (67% of AWW, max $1,228.53 per week in 2026)
Employee's Own Health Condition Covered Not covered (use FMLA + TDI instead)
Bonding Leave Yes (12 weeks) Yes (12 weeks)
Family Care Leave Yes (serious health condition) Yes (serious health condition)
Military Leave Qualifying exigency + caregiver Military family support only
Employer Size Threshold 50+ employees within 75 miles 1+ employee (30 days in a calendar year)
Employee Eligibility 12 months + 1,250 hours 26 weeks (FT) or 175 days (PT)
Intermittent Leave Yes Full days only
Job Protection Yes Yes
Health Insurance Continuation Yes Yes

When an employee is eligible under both laws and the qualifying reason is the same (e.g., bonding with a new child), NY PFL and FMLA generally run concurrently. Employees cannot extend their total leave by taking NY PFL and FMLA back-to-back for the same qualifying event — concurrent use is the standard approach. Employers must designate qualifying leave as FMLA when applicable.

Sources: paidfamilyleave.ny.gov — PFL and FMLA · dol.gov/agencies/whd/fmla

Other Protected Leave Categories in New York

Paid Prenatal Leave

Effective January 1, 2025, New York became the first state in the nation to require paid prenatal leave. Under an amendment to NYLL § 196-b, all private-sector employers in New York State must provide employees with 20 hours of paid prenatal leave per 52-week period. This benefit applies to all full-time and part-time employees, with no minimum period of employment required. Paid prenatal leave is a separate, stand-alone benefit distinct from sick leave and NY PFL — employers cannot require employees to exhaust other leave types before using paid prenatal leave. Leave is compensated at the employee’s regular rate of pay (or applicable minimum wage, whichever is greater) and may be taken in hourly increments. The 52-week period begins on the date the employee first uses the leave.

Source: ny.gov/programs/new-york-state-paid-prenatal-leave · ny.gov — Paid Prenatal Leave FAQ

Temporary Disability Insurance (TDI)

New York’s Disability Benefits Law (Workers’ Compensation Law §§ 200–242) requires nearly all private-sector employers to provide short-term disability insurance covering off-the-job illness and injury, including pregnancy. Benefits are 50% of the employee’s average weekly wage for the last 8 weeks worked, capped at $170 per week. Benefits are available for up to 26 weeks in any 52-week period, with a one-week unpaid waiting period. Pregnancy-related TDI covers the period 4 weeks before the due date and 6 weeks postpartum (8 weeks after Cesarean delivery); additional weeks may be available with physician certification. TDI and NY PFL cannot be taken simultaneously but may be used sequentially.

Source: wcb.ny.gov — Disability Benefits · wcb.ny.gov — Employee Eligibility/Benefits

Bereavement Leave

New York State does not currently mandate paid or unpaid bereavement leave for private-sector employees beyond use of accrued sick leave for a family member’s serious health condition. NYLL § 196-b does not include bereavement as a qualifying reason for sick leave.

Jury Duty Leave

New York Judiciary Law § 519 requires employers to compensate employees for the first three days of jury service at their regular wage. Employees may not be penalized for serving on jury duty.

Source: nysenate.gov — Judiciary Law § 519

Voting Leave

New York Election Law § 3-110 requires employers to provide employees up to two hours of paid time off to vote, if the employee does not have sufficient time outside of working hours to vote. Employees must provide advance notice of at least two working days.

Source: nysenate.gov — Election Law § 3-110

Military Leave

Federal USERRA (Uniformed Services Employment and Reemployment Rights Act) provides reemployment rights and benefit protections for employees returning from military service. New York Military Law also provides certain protections for employees called to active duty, including reinstatement rights. NYS also provides additional leave protections for state employees under Civil Service Law.

2025–2026 Updates & Recent Legislative Changes

What Changed in New York Paid Leave Laws in 2025–2026?

Effective January 1, 2025: New York became the first state in the nation to mandate paid prenatal leave. NYLL § 196-b was amended to require all private-sector employers to provide employees with 20 additional hours of paid leave per 52-week period for prenatal health care appointments. The New York State Department of Labor estimated approximately 130,000 pregnant workers per year would be eligible. Source: ny.gov/programs/new-york-state-paid-prenatal-leave · governor.ny.gov — New Year, New Laws

Effective January 1, 2026 — NY PFL Rate and Benefit Updates: The 2026 NY PFL employee contribution rate is 0.432% of gross wages, up from 0.388% in 2025. The maximum weekly benefit increased to $1,228.53 (up from $1,177.32 in 2025), reflecting an increase in the New York State Average Weekly Wage to $1,833.63. Total maximum annual benefit is $14,742.36 — an increase of $614.52 from 2025. Source: wcb.ny.gov — PFL 2026 Press Release

Effective February 22, 2026 — NYC Protected Time Off Law Expansion: NYC employers became required to provide employees with 32 hours of immediately available unpaid protected time off, in addition to existing paid sick leave requirements. The NYC DCWP published updated FAQ guidance on February 22, 2026. Source: nyc.gov — Protected Time Off Law FAQ

December 19, 2025 — Construction Employee PFL Eligibility: Governor Hochul signed legislation creating a new PFL eligibility standard for construction employees who work for multiple employers, expanding access to NY PFL in that sector. Source: paidfamilyleave.ny.gov

COVID-19 Sick Leave Expiration: New York’s COVID-19 paid leave requirements (which had made NY PFL available when a minor dependent child was under quarantine or isolation) expired July 31, 2025. Those provisions no longer apply. Source: paidfamilyleave.ny.gov/2026

Pending Legislation

S172/S172A (2025–2026 Session) — TDI Benefit Increases: Legislation sponsored by Senator Ramos would increase New York’s Temporary Disability Insurance weekly benefit — currently capped at $170/week, unchanged since 1989 — in annual phases from 2027 through 2029, bringing TDI benefits closer to parity with NY PFL wage replacement rates. As of March 2026, the bill had passed the Senate; the Assembly version (A10561) was referred to committee. Current bill tracking: nysenate.gov — S172

Legislative status is subject to change. Current bill tracking is available through nysenate.gov.

How to File a Paid Leave Complaint in New York

Filing a Paid Sick Leave Complaint

Complaints regarding violations of New York State Paid Sick Leave (NYLL § 196-b) are filed with the NYS Department of Labor, Division of Labor Standards.

Complaints regarding the NYC Protected Time Off Law are filed with the NYC Department of Consumer and Worker Protection (DCWP).

Violations of the NY Paid Prenatal Leave law are also reported to the NYS DOL Division of Labor Standards through the same channels above.

Source: dol.ny.gov — File a Complaint · ny.gov — Paid Prenatal Leave FAQ

Filing a NY PFL Claim or Appeal

NY PFL claims are submitted to the employer’s PFL insurance carrier, not to the state agency directly. The process:

  1. Notify the employer at least 30 days before foreseeable leave (or as soon as practicable for unforeseeable leave)
  2. Obtain or download the appropriate claim form(s) from paidfamilyleave.ny.gov/forms
  3. Submit completed forms and required documentation to the insurance carrier; the carrier must accept or deny the claim within 18 days of receiving a completed claim
  4. If the claim is denied, employees may request review by the NYS Workers’ Compensation Board

If the employer’s insurance carrier is unknown, the PFL Helpline may assist: (844) 337-6303, Monday–Friday, 8:30 a.m.–4:30 p.m.

Discrimination complaints regarding NY PFL (e.g., employer retaliation for requesting or taking PFL) are filed with the Workers’ Compensation Board using Form PFL-DC-119 (available at paidfamilyleave.ny.gov/forms).

Source: paidfamilyleave.ny.gov — Employees · nysif.com — PFL Claimant

Filing a TDI Complaint

TDI claims are filed using Form DB-450 (Notice and Proof of Claim for Disability Benefits), available from the employer, the employer’s insurance carrier, or the Workers’ Compensation Board. If a claim is denied, employees have the right to review by the Workers’ Compensation Board per the instructions on the Notice of Rejection.

Filing an FMLA Complaint

FMLA complaints are filed with the U.S. Department of Labor, Wage and Hour Division (WHD):

Source: dol.gov/agencies/whd/fmla

Interstate Considerations for Remote Workers

Paid leave laws in New York — including NY PFL and NYLL § 196-b sick leave — generally apply based on where the employee performs work, not where the employer is incorporated or headquartered. An employee who physically works in New York State for an out-of-state employer is covered by New York’s paid leave laws if the employer meets the applicable coverage threshold (one or more employees working in New York for at least 30 days, in the case of NY PFL).

For multi-state employers, New York’s PFL and sick leave obligations apply to New York-based employees regardless of where other employees are located. Remote workers based in New York — even for employers headquartered in states without comparable programs — are generally entitled to NY PFL and sick leave protections.

For employees who split their work time between New York and other states, New York’s laws apply to work performed within the state. The NYS DOL and Workers’ Compensation Board provide guidance for multi-state employers on coverage and compliance. For detailed guidance on remote work legal obligations, see RemoteLaws.com’s New York Remote Work Laws.

Frequently Asked Questions — New York Paid Leave

How does FMLA work in New York?

The federal FMLA provides eligible employees of covered employers (50+ employees within 75 miles) with up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons, including the employee’s own serious health condition, care for a covered family member, and bonding with a new child. In New York, FMLA frequently runs concurrently with NY PFL for qualifying events covered by both laws. FMLA is administered by the U.S. Department of Labor, Wage and Hour Division. Source: dol.gov/agencies/whd/fmla

How long is maternity leave in New York?

A birthing parent eligible for all available programs can receive up to approximately 18–20 weeks of paid leave when combining TDI (4 weeks pre-birth + 6–8 weeks postpartum, paid at 50% of AWW up to $170/week) and NY PFL bonding leave (12 weeks at 67% of AWW, up to $1,228.53/week in 2026). FMLA provides an additional layer of job protection for up to 12 weeks concurrently. The exact duration depends on individual eligibility and medical certification. Sources: wcb.ny.gov · paidfamilyleave.ny.gov/2026

Is maternity leave paid or unpaid in New York?

Maternity leave in New York is paid through two separate state programs. New York TDI provides partial wage replacement (50% of AWW, maximum $170/week) during the period of pregnancy-related disability. NY PFL provides paid bonding leave at 67% of AWW (maximum $1,228.53/week in 2026) for up to 12 weeks after birth. FMLA leave itself is unpaid under federal law, but runs concurrently with these state paid programs. Sources: wcb.ny.gov · paidfamilyleave.ny.gov/2026

Who is eligible for FMLA in New York?

Employees are eligible for FMLA if they work for a covered employer (private employer with 50+ employees within 75 miles, or any public agency), have worked for that employer for at least 12 months, and have worked at least 1,250 hours in the 12 months preceding the leave. Source: dol.gov/agencies/whd/fmla

Is FMLA leave paid in New York?

FMLA leave is unpaid under federal law. However, eligible New York employees taking FMLA leave for covered reasons may simultaneously receive NY PFL wage replacement (67% of AWW, max $1,228.53/week in 2026) for bonding or family care qualifying events, or TDI wage replacement (50% of AWW, max $170/week) for the employee’s own pregnancy-related disability. Sources: dol.gov/agencies/whd/fmla · paidfamilyleave.ny.gov

Does New York have paid sick leave?

Yes. New York Labor Law § 196-b requires most private employers to provide paid sick leave. Employers with 5 or more employees, or net income above $1 million, must provide paid sick leave; smaller employers with net income of $1 million or less provide unpaid sick leave. The accrual rate is 1 hour per 30 hours worked; annual usage caps are 40 hours (fewer than 100 employees) or 56 hours (100+ employees). Source: ny.gov/programs/new-york-paid-sick-leave

Does New York have paid family leave?

Yes. New York State Paid Family Leave (NY PFL) provides up to 12 weeks of job-protected, paid leave at 67% of the employee’s average weekly wage (maximum $1,228.53/week in 2026). NY PFL covers bonding with a new child, care for a family member with a serious health condition, and military family support. It is funded entirely through employee payroll deductions at a rate of 0.432% of gross wages in 2026. Source: paidfamilyleave.ny.gov

How many sick days are required in New York?

The number of sick leave hours required depends on employer size. Employers with 100 or more employees must provide up to 56 hours of paid sick leave per year. Employers with 5–99 employees, and employers with fewer than 5 employees whose net income exceeds $1 million, must provide up to 40 hours of paid sick leave per year. Employers with fewer than 5 employees and net income of $1 million or less provide up to 40 hours of unpaid sick leave. Source: ny.gov/programs/new-york-paid-sick-leave

Does FMLA apply to small businesses in New York?

Federal FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius. However, NY PFL applies to private employers with as few as one employee working in New York on at least 30 days in a calendar year, providing bonding and family care leave to employees of small businesses that are not covered by FMLA. Source: dol.gov/agencies/whd/fmla · paidfamilyleave.ny.gov

How long is paternity leave in New York?

NY PFL provides non-birthing parents — including fathers, same-sex partners, adoptive parents, and foster parents — with the same bonding leave entitlement as birthing parents: up to 12 weeks of paid leave at 67% of AWW (maximum $1,228.53/week in 2026) during the first 12 months after the child’s birth, adoption, or foster placement. FMLA provides an additional 12 weeks of unpaid bonding leave for eligible employees at employers with 50+ employees. Source: paidfamilyleave.ny.gov — Bonding Leave

Can an employer deny paid sick leave in New York?

State law prohibits employers from denying accrued sick leave to covered employees for qualifying reasons under NYLL § 196-b. Employers may set reasonable use requirements (e.g., minimum increment of up to 4 hours), but may not require advance notice exceeding what is practicable for unforeseeable leave, and may not require documentation that discloses confidential medical information. Violations may be reported to the NYS Department of Labor. Source: nysenate.gov — NYLL § 196-b

Is paid sick leave available to part-time employees in New York?

Yes. New York’s paid sick leave law covers all private-sector employees regardless of part-time status, occupation, or overtime-exempt classification. Part-time employees accrue sick leave at the same rate of 1 hour per 30 hours worked. Source: ny.gov/programs/new-york-paid-sick-leave

Can paid sick leave be used for a family member’s illness in New York?

Yes. NYLL § 196-b allows use of accrued sick leave to care for a family member (child, spouse, domestic partner, parent, sibling, grandchild, grandparent, or the child or parent of an employee’s spouse or domestic partner) for mental or physical illness, injury, health condition, preventive care, or needs arising from domestic violence, sexual offenses, stalking, or human trafficking. Source: ny.gov/sites — PSL FAQ

What happens to unused sick leave if an employee leaves their job in New York?

Employers are not required under NYLL § 196-b to pay out unused accrued sick leave upon an employee’s separation from employment. Unused leave carries over from year to year during employment, subject to annual usage caps, but forfeiture upon termination, resignation, or retirement is permissible under state law. Source: nysenate.gov — NYLL § 196-b

Is there a waiting period before using paid sick leave in New York?

Employees begin accruing sick leave on their first day of employment but must wait 120 calendar days before using accrued leave. After that initial waiting period, leave may be used as it accrues. Employers may set a minimum use increment of up to 4 hours. Source: ny.gov/programs/new-york-paid-sick-leave

How much does NY PFL pay?

NY PFL pays 67% of the employee’s average weekly wage (calculated as the average of the last 8 weeks of wages), capped at 67% of the New York State Average Weekly Wage. For 2026, the maximum weekly benefit is $1,228.53. The benefit amount is recalculated each January. Source: paidfamilyleave.ny.gov/2026

How long is paid family leave in New York?

NY PFL provides up to 12 weeks of paid leave per 52-week rolling period. The 52-week period is calculated on a rolling calendar basis from the first day of leave, not a fixed calendar year. Source: paidfamilyleave.ny.gov/2026

Who pays for NY PFL — the employer or employee?

NY PFL is funded entirely through employee payroll deductions; employers do not contribute. The 2026 employee contribution rate is 0.432% of gross wages per pay period, with a maximum annual contribution of $411.91. Employers collect and remit these deductions to their PFL insurance carrier. Source: wcb.ny.gov — PFL 2026

Can NY PFL and FMLA be taken at the same time?

Yes. When an employee is eligible under both NY PFL and FMLA and the qualifying reason is covered by both laws, the leaves generally run concurrently. Taking leaves consecutively for the same qualifying event is not permitted — concurrent use is the standard. This means NY PFL does not extend total leave duration beyond the FMLA’s 12 weeks for qualifying events covered by both laws. Source: paidfamilyleave.ny.gov — PFL and FMLA

Is the job protected during NY PFL?

Yes. NY PFL provides job protection: upon return from leave, eligible employees must be restored to the same position held before leave, or to a comparable position. Health insurance coverage must be maintained on the same terms as if the employee had continued working. Employers are prohibited from discriminating or retaliating against employees for requesting or taking NY PFL. Source: paidfamilyleave.ny.gov — Protections

What is the NY PFL contribution rate for 2026?

The employee contribution rate for NY PFL in 2026 is 0.432% of gross wages per pay period, capped at an annual maximum of $411.91 (based on the NYSAWW of $1,833.63 per week). Employees earning less than the NYSAWW pay less than the annual cap, in proportion to their actual wages. Source: wcb.ny.gov — PFL 2026

How do I apply for NY PFL?

NY PFL claims are submitted to the employer’s PFL insurance carrier. Employees should notify the employer at least 30 days before foreseeable leave, or as soon as practicable for unforeseeable leave. Required forms are available at paidfamilyleave.ny.gov/forms; the carrier must respond within 18 days of receiving a completed claim. For assistance, the PFL Helpline can be reached at (844) 337-6303. Source: paidfamilyleave.ny.gov — Employees

Can NY PFL be taken intermittently?

Yes. NY PFL may be taken intermittently, but only in full-day increments. Partial-day intermittent leave is not permitted under NY PFL. When taking intermittent NY PFL, employees must notify the employer as soon as practicable before each day of leave. This contrasts with federal FMLA, which can be taken in shorter increments when medically necessary. Source: paidfamilyleave.ny.gov/2026

What is New York’s pregnancy disability leave program?

New York’s Temporary Disability Insurance (TDI) program, administered by the Workers’ Compensation Board under the Disability Benefits Law (Workers’ Compensation Law Article 9), covers pregnancy-related disabilities. Eligible employees (those who have worked for a covered employer for at least 4 consecutive weeks) may receive TDI benefits of 50% of their average weekly wage, up to $170 per week, for 4 weeks before the due date and 6–8 weeks postpartum (longer with physician certification). TDI and NY PFL cannot run simultaneously but can be used sequentially. Source: wcb.ny.gov — Disability Benefits

What is New York’s paid prenatal leave program?

Effective January 1, 2025, New York law (NYLL § 196-b) requires all private-sector employers to provide employees with 20 hours of paid prenatal leave per 52-week period for health care appointments during pregnancy or related to pregnancy. This benefit applies to all employees regardless of hours worked or length of employment, is separate from and in addition to sick leave and NY PFL, and is compensated at the employee’s regular rate of pay. Source: ny.gov/programs/new-york-state-paid-prenatal-leave

Sources & Verification Log

Source Documentation Table
Section Source URL Date Verified
Paid Sick Leave — Overview NYS Department of Labor (ny.gov) ny.gov/programs/new-york-paid-sick-leave March 2026
Paid Sick Leave — Statute Text NY State Senate (nysenate.gov) nysenate.gov/legislation/laws/LAB/196-B March 2026
Paid Sick Leave — FAQ NYS DOL (ny.gov) ny.gov/.../PSL_FAQ_PaidSickLeaveFAQ.pdf March 2026
NYC Protected Time Off Law NYC DCWP (nyc.gov) nyc.gov/.../paid-sick-leave-law.page March 2026
NYC PTF Law FAQ (Feb 2026) NYC DCWP (nyc.gov) nyc.gov/.../paid-sick-leave-FAQs.page March 2026
NY PFL — Program Overview NYS Workers' Compensation Board paidfamilyleave.ny.gov March 2026
NY PFL — 2026 Rates & Benefits NYS Workers' Compensation Board wcb.ny.gov/.../paid-family-leave-2026.jsp March 2026
NY PFL — 2026 Details paidfamilyleave.ny.gov paidfamilyleave.ny.gov/2026 March 2026
NY PFL — Employee Info paidfamilyleave.ny.gov paidfamilyleave.ny.gov/employees March 2026
NY PFL — Eligibility paidfamilyleave.ny.gov paidfamilyleave.ny.gov/eligibility March 2026
NY PFL — Forms paidfamilyleave.ny.gov paidfamilyleave.ny.gov/forms March 2026
NY PFL — Protections paidfamilyleave.ny.gov paidfamilyleave.ny.gov/protections March 2026
TDI — Disability Benefits NYS Workers' Compensation Board wcb.ny.gov/.../employee-disability-benefits.jsp March 2026
TDI — Employee Eligibility / Benefits NYS Workers' Compensation Board wcb.ny.gov/.../employee-eligibility-benefits.jsp March 2026
Paid Prenatal Leave NYS DOL (ny.gov) ny.gov/.../paid-prenatal-leave March 2026
Paid Prenatal Leave — FAQ NYS DOL (ny.gov) ny.gov/.../frequently-asked-questions March 2026
Paid Prenatal Leave — Employees NYS DOL (ny.gov) ny.gov/.../information-employees March 2026
Paid Prenatal Leave — Employers NYS DOL (ny.gov) ny.gov/.../information-employers March 2026
2025 Laws — Governor's Announcement Governor of NY (governor.ny.gov) governor.ny.gov/.../new-year-new-laws... March 2026
TDI Pending Legislation NY State Senate (nysenate.gov) nysenate.gov/.../bills/2025/S172 March 2026
FMLA — Federal U.S. Department of Labor, WHD dol.gov/agencies/whd/fmla March 2026
FMLA Complaint Filing U.S. Department of Labor, WHD dol.gov/.../contact/complaints March 2026
Sick Leave Complaint NYS DOL dol.ny.gov/file-complaint March 2026
Jury Duty Leave NY State Senate (nysenate.gov) nysenate.gov/.../laws/JUD/519 March 2026
Voting Leave NY State Senate (nysenate.gov) nysenate.gov/.../laws/ELE/3-110 March 2026

Others

California
Florida
Colorado
Massachusetts
Washington
New Jersey
Texas
Oregon

This page compiles information from official government sources for general reference purposes. It does not constitute legal advice. Employment law is subject to legislative changes and judicial interpretation. For specific compliance questions, consultation with a licensed attorney in New York is recommended. Last updated: March 2026.