New York Leave Laws Mandates
New York has some of the best leave protections covering not just federal requirements, like the Family and Medical Leave Act (FMLA), but also state laws.
While FMLA allows qualifying employees to take up to 12 weeks of unpaid, job-protected leave for family and medical reasons, New York State guarantees paid family leave, paid sick leave, and paid prenatal leave starting in 2025.
Employers doing business in New York must comply with both federal and state leave requirements.
New York Paid Family Leave Law
The New York Paid Family Leave (PFL) offer eligible employees up to 12 weeks of job-protected, paid leave each year.
As of 2025, PFL pays 67% of your average weekly wage, with a weekly cap of $1,177.32. For employees that work 20 or more hours a week, they qualify after working 26 consecutive weeks. For employees that work less than 20 hours per week, they qualify after working 175 days. Employers fund PFL through a payroll deduction. Job protection and continued health insurance are provided while on leave.
New York Paid Sick Leave Law
New York City and some localities have additional paid sick and safe leave requirements. However, all private-sector employees in New York are entitled to paid sick leave. The amount depends on employer size:
5–99 employees: at least 40 hours of paid sick leave per year
100+ employees: at least 56 hours of paid sick leave per year
New York Paid Prenatal Leave Law
Starting January 1, 2025, New York is the first state to require paid prenatal leave. All private employers must provide up to 20 hours of paid leave per year for prenatal healthcare (appointments, procedures, monitoring, and related care). This leave is available in hourly increments, does not accrue, and is in addition to other leave entitlements.
New York FMLA Law
The federal Family and Medical Leave Act (FMLA) applies in New York, granting eligible employees up to 12 weeks of unpaid, job-protected leave each year. This leave can be used for the employee’s own serious health condition, to care for a spouse, child, or parent with a serious health condition, for the birth or adoption of a child, or to address certain military family needs.
New York Bereavement Leave Law
New York State does not currently mandate bereavement leave for private-sector employees. However, some employers may offer it as a benefit.
New York Military Leave Law
While employees are protected from military service by both federal USERRA and New York State law, employees of public employers will receive paid military leave up to 30 days in a calendar year, while private employees are guaranteed unpaid military leave with job protections.
New York State Leave Type, Eligible and Duration
| Type of Leave | Eligibility (Paid/Unpaid) | Duration & Description |
|---|---|---|
| Paid Family Leave (PFL) | Most private-sector employees; paid (67% of average weekly wage, up to $1,177.32/week); job-protected | Up to 12 weeks per year for bonding, caring for a family member with a serious health condition, or military exigency |
| Paid Sick Leave | All private-sector employees; paid (40–56 hours per year depending on employer size) | 40 hours per year for employers with fewer than 100 employees; 56 hours for 100+ employees; for personal or family illness, preventive care, or safety needs |
| Paid Prenatal Leave | All private-sector employees; paid (stand-alone leave) | Up to 20 hours per year for prenatal healthcare; separate from other leave (effective Jan 1, 2025) |
| FMLA | Employees of covered employers (50+ employees); unpaid but job-protected under federal law | Up to 12 weeks per year for personal or family serious health conditions, birth/adoption, or military exigency |
| Bereavement Leave | Employer policy; may be paid or unpaid at employer discretion | Not mandated by law; availability depends on employer policy |
| Military Leave | Public employees: paid (up to 30 days per year); private employees: unpaid but job-protected | Up to 30 days paid for public employees; unpaid for private employees for active duty, training, or drills |
| Paid Lactation Breaks | NYC: paid (30 minutes as needed); NY State: unpaid but job-protected | Time for expressing breast milk; NYC requires paid break time, while NY State requires reasonable unpaid time |
| COVID-19 Leave | All employees; paid or unpaid depending on employer size and situation | 5–14 days for quarantine or isolation depending on employer size; subject to expiration |
| Voting Leave | All employees; paid (up to 2 hours per election if insufficient time outside work hours) | Up to 2 hours paid time off if work schedule prevents voting outside working hours |
| Jury Duty Leave | Private employees: unpaid but job-protected; public employees: paid | Leave for jury service as required by court; job protection for all employees |
| Domestic Violence Leave | All employees; unpaid but job-protected | Reasonable or unlimited leave as needed for victims of domestic violence |
State-Specific Leaves in New York
- Paid Lactation Breaks: As of June 2024, employers must provide up to 30 minutes of paid break time each time an employee needs to express breast milk, in addition to any regular paid breaks.
- NYC Paid Safe and Sick Leave: In New York City, employees have additional rights to paid safe and sick leave for domestic violence, stalking, or human trafficking.
Essential Components of an HR Leave Policy
- Procedure for Leave Application: Communicate the steps employees should follow to request leave, including advance notice requirements and the necessary approval workflow.
- Categories of Leave: Clearly define the available leave options for employees, such as annual, sick, casual, or special leave.
- Eligibility Criteria: Specifies which employees can apply for leave and any conditions that must be met (for example, minimum service period).
- Leave Accrual: Explain how employees earn leave, whether on a monthly or yearly basis.
- Carry Forward and Forfeiture Rules: States if unused leave can be transferred to the next year or if it expires after a specific period.
- Tracking and Leave Records: Outlines how the organization monitors and maintains each employee’s leave entitlement and usage.
HR Compliance: New York Leave Notice & Documentation Requirements
| Leave Type | Notice Required | Documentation Required |
|---|---|---|
| FMLA | 30 days advance if foreseeable; otherwise ASAP | Medical certification or relevant documents |
| Paid Family Leave (PFL) | 30 days advance if foreseeable; otherwise ASAP | Proof of relationship, medical certification, or military documentation |
| Paid Sick Leave | As soon as practicable | Employer may require documentation after 3+ consecutive days |
| PTO/Vacation | Per employer policy | Per employer policy |
| Bereavement Leave | Per employer policy | May require obituary or death certificate (optional) |
| Jury Duty | As soon as possible after notice is received | Jury summons or court documentation |
| Lactation Breaks | Notify employer as needed | None required |
