New York Leave Laws
New York has a robust leave framework that separates job-protected paid family leave, short-term disability wage replacement, paid sick and safe leave, paid prenatal leave, and several shorter protected absence rights.
The most important compliance distinction is that New York Paid Family Leave provides both paid benefits and job protection, while New York Disability Benefits Law provides wage replacement for an employee’s own non-work-related disability but does not, by itself, create the same family-leave job protection framework.
New York’s major leave categories include Paid Family Leave, Disability Benefits Law, Paid Sick and Safe Leave, Paid Prenatal Leave, military spouse leave, blood and bone marrow donation leave, jury duty leave, and voting leave.
New York Leave Laws
New York has a robust leave framework that separates job-protected paid family leave, short-term disability wage replacement, paid sick and safe leave, paid prenatal leave, and several shorter protected absence rights.
The most important compliance distinction is that New York Paid Family Leave provides both paid benefits and job protection, while New York Disability Benefits Law provides wage replacement for an employee’s own non-work-related disability but does not, by itself, create the same family-leave job protection framework.
New York’s major leave categories include Paid Family Leave, Disability Benefits Law, Paid Sick and Safe Leave, Paid Prenatal Leave, military spouse leave, blood and bone marrow donation leave, jury duty leave, and voting leave.
State Leave Summary
| Field | State-Specific Summary |
| State | New York |
| Primary Leave Agencies | New York State Workers’ Compensation Board; New York State Department of Labor; New York State Board of Elections; New York courts |
| Main Leave Categories | Paid Family Leave, Disability Benefits Law, Paid Sick and Safe Leave, Paid Prenatal Leave, military spouse leave, blood donation leave, bone marrow donation leave, jury duty leave, voting leave |
| Federal Interaction | New York PFL may overlap with federal FMLA when both apply. DBL and PFL cannot be taken at the same time, though they may be taken consecutively, subject to program limits. |
Job Protected Entitlements
| Leave Type | NY Law/ Program | Job Protected | Paid Leave | Covered Employers | Employee Eligibility | Duration |
| State Paid Family Leave | New York Paid Family Leave | Yes | Yes | Most private employers; public employers may opt in | 26 consecutive weeks if regularly working 20+ hours/week, or 175 days worked if regularly working under 20 hours/week | Up to 12 weeks |
| Child Bonding Leave | New York Paid Family Leave | Yes | Yes | Same as PFL | Same as PFL eligibility | Up to 12 weeks for bonding with a newly born, adopted, or fostered child |
| Family Care Leave | New York Paid Family Leave | Yes | Yes | Same as PFL | Same as PFL eligibility | Up to 12 weeks to care for a family member with a serious health condition |
Paid Benefit Programs
| Leave Type | NY Law/ Program | Job Protected | Paid Leave | Administered By | Eligibility Basis | Duration |
| Disability Benefits | New York Disability Benefits Law | No, not by itself | Yes | NYS Workers’ Compensation Board / DBL insurance carrier | Employee unable to work due to non-work-related illness, injury, pregnancy, or childbirth | Up to 26 weeks; pregnancy/childbirth periods depend on medical certification |
Job-Protected Leave Entitlement Descriptions
These laws create a protected right to take time away from work and generally require the employer to preserve employment rights, restore the employee to the same or comparable position, or otherwise avoid interference or retaliation.
New York Paid Family Leave
New York Paid Family Leave is the state’s core paid, job-protected family leave program. It allows eligible employees to take leave to bond with a new child, care for a family member with a serious health condition, or assist loved ones when a spouse, domestic partner, child, or parent is deployed abroad on active military service. PFL also provides continued health insurance.
Paid Family Leave
New York PFL is both a paid benefit and a job-protected leave entitlement. Benefits are calculated as a percentage of the employee’s average weekly wage and are subject to the state maximum weekly benefit cap.
Disability Benefits Law
New York Disability Benefits Law provides wage replacement for an employee’s own non-work-related illness, injury, pregnancy, or childbirth-related disability. It is not the same as PFL because DBL covers the employee’s own disability, while PFL covers family leave, bonding, and qualifying military-family reasons.
Paid Prenatal Leave
New York Paid Prenatal Leave gives privately employed pregnant employees an additional 20 hours of paid leave for prenatal care. This leave is separate from existing paid sick leave and applies in addition to other available leave rights.
*State Leave Law Summaries are for informational purposes only and are subject to change. To the extent possible, we will update these leave laws as and when States update their policies. However, there may be a time lag. Further, for specific applicability with a personal situation, Qcera advises contacting your employer’s HR department for support.