New York Paid Family Leave Laws 2026
Last updated: · Source: New York labor department
New York · Leave Laws 2026
Federal FMLA
Applies (50+ employees)
State Leave Law
New York Paid Family Leave
State Employer Threshold
1+
Paid Family Leave
New York Paid Family Leave — up to $1,229/wk
Bereavement Leave
No mandatory law
FMLA in New York: Federal Leave Protections
Federal FMLA applies to every qualifying employee in New York the same way it applies nationwide: up to 12 weeks of unpaid, job-protected leave for employees who've worked 12+ months and at least 1,250 hours for an employer with 50+ employees within 75 miles.
New York Paid Family Leave (NY PFL): Benefits & Eligibility
New York's New York Paid Family Leave (NY PFL) extends job-protected leave to more workers than federal FMLA alone: it applies to employers with as few as 1 employees, versus the federal threshold of 50. Eligible employees can take up to 12 weeks of leave.
Eligibility test: 26 consecutive weeks of employment for full-time employees (20+ hours/week), or 175 days worked (need not be consecutive) for part-time employees — not a months-employed test. The 6-month figure used by this planner approximates the 26-week full-time rule. This is different from federal FMLA's 12-month + 1,250-hour test — don't assume the federal rule applies here.
How Much Does NY Paid Family Leave Pay?
New York Paid Family Leave pays eligible workers approximately 67% of their wages, up to $1,229/week, for up to 12 weeks . The program has been in effect since 2018-01-01.
| Weeks available | 12 |
| Wage replacement | 67% |
| Max weekly benefit | $1,229 |
| Covers bonding with a new child | Yes |
| Covers caring for a family member | Yes |
| Covers military family leave | Yes |
Apply through the official NY PFL site ↗ Estimate your weekly benefit →
New York Bereavement Leave: What Employers Must Provide
New York has no law requiring employers to provide bereavement leave. Most employers offer 3–5 days as a matter of policy, not legal obligation — check your employee handbook for your specific employer's bereavement policy.
How FMLA and NY Paid Family Leave Work Together
When a leave qualifies under both federal FMLA and New York Paid Family Leave, the two run concurrently — counting against both entitlements at the same time — and the employee gets whichever protection is more generous on each specific point (employer size, weeks, covered relationships).
Frequently Asked Questions
NY PFL pays 67% of your average weekly wage, up to a maximum of $1,229 per week, for up to 12 weeks. The benefit is funded entirely through employee payroll contributions — employers do not pay into the program.
Most private-sector employees in New York qualify if they've worked 26+ consecutive weeks (full-time) or 175+ days (part-time). Unlike FMLA, there is no employer-size threshold — even single-employee businesses are covered. Public-sector employees may be covered if their employer opts in.
Yes. NY PFL and FMLA typically run concurrently. FMLA protects your job while NY PFL provides wage replacement. You get both job protection and pay for up to 12 weeks, assuming your employer is covered by FMLA (50+ employees).