Paid Family Leave

As of January 1, 2018, paid family leave is mandatory in New York State. Almost all employees are eligible, and employers must provide it to their employees.

Paid family leave lets people 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
• Siblings

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 may be able to take up to 12 weeks of paid family leave at 67 percent of their pay, up to a cap. Employers can allow employees to take vacation or sick leave so they can earn a full salary, but they 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 (six months).

Under New York State law, employers cannot:

• Fire or demote employees for taking paid family leave.
• Terminate health insurance for employees who take paid family leave.
• Take any other form of retaliation.

New York State provides assistance to victims of these illegal practices.