New York has had its own paid family leave program since 2016. The program ensures that employees get paid time off work to welcome a new child or support a loved one navigating a health challenge or military deployment.
Whether you own a business in New York or employ people in the Empire State, it’s important to understand how the state leave program works. Below, we’ll explain exactly what New York’s leave program offers employees, who is eligible for benefits, and how employers can maintain compliance.
What is New York’s paid leave program?
The New York State Paid Family Leave (NYSPFL) program is one of the strongest in the country, giving eligible employees paid, job-protected leaves of absence to:
Bond with a new child (this applies to newly born, adopted, and fostered children)
Care for a family member who has a serious health condition (that includes spouses, domestic partners, children and step-children, parents and step-parents, parents-in-law, grandparents, grandchildren, and siblings)
Assist a loved one who’s deployed abroad on active military service (this includes spouses, domestic partners, children, and parents)
Employees who qualify for NYSPFL can get up to 12 weeks off with payments at 67% of their average weekly wage (AWW), up to 67% of the New York State average weekly wage. The AWW amount is the average of an employee’s last eight weeks of pay (including bonuses and commission) prior to starting their leave.
In 2026, the maximum weekly benefit is $1,228.53. Employees can calculate their AWW on NY.gov using the wage benefit calculator.
New York’s paid leave program also guarantees employees job protection, meaning an employee on leave is entitled to return to their same job (or a comparable one) when they’re back. Employees on NYSPFL also get continued health insurance during their leave and protection from discrimination or retaliation from employers.
Who qualifies for paid leave in New York?
All private employers in New York have to comply with the state’s paid family leave program. And any New York-based employee who works for a private employer is eligible for paid family leave once they’ve worked for that employer for a certain amount of time.
Here are the minimum requirements employees have to hit:
Full-time employees: Employees who work a regular schedule of 20 or more hours a week are eligible for paid leave after 26 consecutive weeks of employment (including taking sick days or scheduled vacations).
Part-time employees: Employees who regularly work fewer than 20 hours a week are eligible for paid leave after working 175 days, which don’t have to be consecutive.
It’s important to note that an employee’s citizenship or immigration status has no bearing on their eligibility for paid leave.
However, employees who work for public employers in New York (like state government agencies) will only be eligible for NYSPFL if their employer has opted into the program.
Can self-employed people take paid leave?
In New York, self-employed individuals (like sole proprietors and independent contractors) can take paid leave from the state if they voluntarily opt into the program and meet the qualifying event requirements (bonding, caregiving, or military assistance).
The weekly benefit amount for self-employed people is calculated using the following formula:
Total earnings over the previous 52 weeks / 52 = AWW
If you’re self-employed and have no employees, all it takes to join the NYSPFL program is purchasing an insurance policy for paid family leave and disability (you can’t just pick one or the other). You can see a list of insurers offering paid family leave policies here.
If you’re a self-employed business owner with employees in New York state, you’re required to purchase a paid family leave and disability insurance policy for your employees. But you can also cover yourself by submitting a voluntary coverage form to the Workers’ Compensation Board and notifying your insurance carrier that you want to opt into paid family leave and disability insurance.
Apply to opt into the program here.
How does NYSPFL work with FMLA?
The Family and Medical Leave Act (FMLA) is a federal law requiring all employers with at least 50 employees to offer eligible workers 12 weeks of unpaid, job-protected leave for bonding purposes, caregiving duties, personal medical reasons, and military exigency leave.
Some New York employees who qualify for NYSPFL will also qualify for FMLA. If that's the case, the programs will run at the same time—and employees will receive whichever protections are strongest.
What’s the difference between NYSPFL and FMLA leave?
Both leave programs give New York employees job protection, but the main difference is that the state program is paid, while the federal program isn’t. Here’s a breakdown of their differences:
New York Paid Family Leave | FMLA leave | |
Eligibility reasons (qualifying events) | Bonding with a new child; caring for a seriously ill family member; supporting a military family member on deployment | Bonding with a new child; personal health conditions; caring for a family member who has a serious health condition; military exigency leave |
Eligibility requirements | Have a qualifying event; have 26 consecutive weeks of employment with current employer (applies to full-time workers) or 175 working days with current employer (applies to part-time workers) | Meet one eligibility reason listed above; have worked for employer for at least one year; have over 1,250 hours of service in the past year; employer has at least 50 employees who work within a 75-mile radius |
Job protection | Yes | Yes |
Length of leave | Up to 12 weeks within a year | Up to 12 weeks within a year |
Payment | Weekly benefit payments equal to 67% of an employee’s usual wages (up to a cap) | Unpaid |
Health benefits | Yes, employers are required to continue providing health benefits to employees on leave | Yes, employers are required to continue providing health benefits to employees on leave |
Paid time off | No, employers can’t require employees to use paid time off while they’re on leave | Yes, employers can encourage employees to use paid time off while they’re on leave |
Let’s say one of your employees needs to take a leave of absence to bond with a new child, and qualifies for NYSPFL and FMLA leave. That means they’ll receive 12 total weeks of job-protected leave (guaranteed by the state and FMLA), with weekly payments of 67% of their salary (guaranteed by New York state).
They’ll also get continuing health coverage (guaranteed by the state and FMLA) and won’t have to use any of their paid time off while they’re on leave (guaranteed by the state).
What is New York’s short-term disability leave?
New York also offers short-term disability leave to employees who have a non-work-related injury, illness, or other medical condition that forces them to take time away from their job.
An employee who gives birth, for example, will usually qualify for short-term disability benefits and paid family leave from the state, but they’re not allowed to take both benefits at the same time.
They have to either take NYSPFL benefits right away (and forfeit their short-term disability benefits) or take short-term disability right away, then take paid family leave benefits once their disability is up (as long as it’s within 12 months of giving birth).
Learn more about what qualifies as a disability, who’s eligible for disability benefits, and how the payments break down here.
What are my obligations as an employer?
If you have employees in New York who qualify for NYSPFL, here’s what you need to do:
1. Get Paid Family Leave insurance
If you have at least one employee in New York, you’re required to obtain Paid Family Leave insurance. You can contact your regular insurance broker or see a list of insurers offering leave policies on the Department of Financial Services website.
2. Collect employee payroll contributions
NYSPFL is funded through individual state disability insurance (SDI) contributions, which you withhold from your employees’ paychecks.
In 2026, the contribution rate is 0.432% of an employee’s gross wages per pay period, up to $411.91 per year. So you’ll withhold 0.432% of your employees’ gross wages and deduct it from their paychecks. It’s a good idea to give your employees a heads-up about this deduction so they know what to expect on payday. You can use this template from the state to inform them.
You’ll send the payroll withholdings directly to your insurance carrier, then report those withholdings every quarter to the New York State Department of Labor using Form NYS-45 (the Quarterly Combined Withholding, Wage Reporting, and Unemployment Insurance Return).
3. Educate your employees about their rights
Employees need to know they’re legally allowed to take paid family leave if they qualify—and it’s your responsibility to tell them. Make sure you:
Include a description of the NYSPFL program (as well as FMLA leave) in your employee handbook, along with an explanation of how to file an official request for leave.
Reach out to employees who aren’t eligible for NYSPFL (seasonal employees, for example, or newly hired workers who haven’t yet met the time-worked requirements) and give them an official opt-out waiver to sign.
Post a notice of compliance in your workplace letting employees know that you have Paid Family Leave insurance. (Your insurance carrier will give you the notice, but if you’re self-insured, you can get one by contacting the NYS Workers’ Compensation Board at [email protected].)
Provide employees with a Paid Family Leave request form, available here.
Support your employees through the process of applying for state benefits by providing links to state resources and setting up one-on-one meetings to answer questions.
4. Respond to employee leave requests
When your employees request leave, they’ll fill out the first portion of the official Paid Family Leave request form, then ask you to fill out the second portion. You’ll have to complete Part B - Employer Information of the PFL-1 Request for Paid Family Leave and return it to your employees within three business days.
5. Maintain records
Make sure you keep all payroll and personnel records related to leave for at least three years. That includes payroll receipts, paystubs, official employee requests for leave, and documentation of leave start and end dates.
What happens if I don’t comply with NYSPFL?
If you don’t comply with the NYSPFL program—either by denying an employee their rightful leave or failing to provide paid family leave insurance coverage—you could pay up to $500 in penalties. You also might have to pay back wages, reinstate someone to their job, and cover attorney fees.
What will paid family leave cost me?
Paid family leave is covered by New York State, which means you don’t have to pay anything to your employees on leave. They’ll get 67% of their usual wages (funded through their payroll withholdings) for up to 12 weeks. However, you can top up your employees’ payments to 100% of their usual wages, paying for that extra 33% out of your company’s pocket.
If you’re debating whether or not to top up, consider your industry, competitors, company values, and current benefits package. If you can afford to supplement leave wages, it’s a great investment in your employees’ on-the-job happiness and your business’s long-term employee retention rate.
Whatever you do, don’t forget to factor in the cost of your time. Your HR team will have to track employee leaves, manage state benefits paperwork, and coordinate with employees, which could take anywhere from a couple of hours a week to a couple of dozen, depending on your bandwidth and number of leave cases.
Do I need to change my existing employee leave policy?
When did you last update your company’s employee leave policy? If it’s been a year or more, you may need to make a few tweaks. Your leave policy should be inclusive, easy to understand, and in line with state and federal laws.
Make sure you:
Explain that employees are guaranteed up to 12 weeks of unpaid, job-protected FMLA leave for personal medical reasons; caregiving responsibilities; bonding; or military exigency.
Explain that eligible employees get up to 12 weeks of paid, job-protected leave if they qualify for the NYSPFL program.
Clarify whether or not your company provides payment top-ups.
Outline your rules for extenuating circumstances (like extended leaves).
Tell employees how to request leave (fill out the NYS paperwork, reach out to HR, etc.).
Embracing paid family leave
The NYSPFL program ensures that your employees receive financial support during major life milestones and changes—at no cost to your business.
If you’re a New York employer, check out our other Empire State resources:
