Federal FMLA leave is unpaid, so on FMLA alone the answer is no. But in New York, most of the reasons that qualify you for FMLA also qualify you for the state’s Paid Family Leave (PFL) program, which does pay you while you’re out. The two programs usually run at the same time, meaning you get FMLA’s job protection and a PFL check for the same weeks of leave. In 2026, PFL replaces 67% of your average weekly wage up to a maximum of $1,228.53 per week for up to 12 weeks.1New York State Paid Family Leave. New York State Paid Family Leave
Why FMLA by Itself Pays Nothing
The federal Family and Medical Leave Act guarantees eligible employees up to 12 weeks of unpaid, job-protected leave per year.2U.S. Department of Labor. Family and Medical Leave Act It keeps your position (or an equivalent one) and your group health benefits intact while you’re away. It does not put a dollar in your pocket, and it only applies to employers with 50 or more employees within 75 miles.
New York Paid Family Leave is a separate state insurance program that provides partial wage replacement, funded entirely by employee payroll deductions.3Paid Family Leave. Benefits It covers nearly all private-sector employees regardless of employer size. When your reason for leave qualifies under both laws, FMLA and PFL run at the same time, which is how a New York employee ends up with both a protected job and a paycheck during leave.
What PFL Pays in 2026
PFL pays 67% of your average weekly wage, capped at 67% of the New York State Average Weekly Wage. The 2026 maximum is $1,228.53 per week, and you can collect it for up to 12 weeks in any 52-week period.1New York State Paid Family Leave. New York State Paid Family Leave If your average weekly wage sits above roughly $1,834, you hit the cap. If it’s below $100, you receive your full wages.
You pay for the coverage yourself through payroll. In 2026, the deduction is 0.432% of gross wages per pay period, with an annual maximum contribution of $411.91.4NYS Paid Family Leave. Employee Notice of PFL Deduction for 2026 Your employer does not contribute.
One Big Thing PFL Does Not Cover
PFL does not pay you for your own illness or injury. FMLA covers your own serious health condition; PFL does not. If you’re the one who is sick, New York’s short-term disability benefit (DBL) is the program that pays you. This matters most for new mothers: disability covers the physical recovery after childbirth, and PFL then covers bonding time. The two programs cannot run at the same time, and the combined cap is 26 weeks of disability and PFL benefits in any 52-week period.5NY.Gov. Paid Family Leave and Other Benefits Each requires its own application.
Who Qualifies for PFL Pay
Eligibility turns on how long you’ve worked for your employer, not how much you earn:
- If you work 20 or more hours per week, you’re eligible after 26 consecutive weeks with your current employer.
- If you work fewer than 20 hours per week, you’re eligible after 175 days worked for your employer, which don’t have to be consecutive.
The rules apply to nearly all private-sector employers in New York, regardless of size.6Paid Family Leave. Eligibility Public employers may opt in but are not required to participate.
Location is based on where you work, not where you live. If your job is primarily performed in New York, you qualify even if you live in New Jersey or Connecticut. If you telecommute from another state for a New York employer, you generally don’t qualify unless most of your actual work is done in New York.6Paid Family Leave. Eligibility
Reasons You Can Be Paid Through PFL
PFL covers three categories of leave.
Bonding with a new child. You can take PFL to bond with a newborn, newly adopted child, or newly placed foster child at any point within the first 12 months after birth or placement.7NY.gov. Paid Family Leave for Bonding Both parents are independently eligible, so two working parents employed in New York can each take their own 12 weeks.
Caring for a family member with a serious health condition. The condition must be certified by a healthcare provider. New York defines family broadly: spouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild, and sibling, including step-siblings and half-siblings.8Governor Kathy Hochul. Governor Hochul Signs Legislation Expanding New York State’s Paid Family Leave The family member does not need to live in New York, or even in the United States.
Military family assistance. You can take PFL to handle qualifying needs when a spouse, domestic partner, child, or parent is deployed abroad on active military duty. That includes arranging childcare, attending military events, and handling financial or legal matters tied to the deployment.
How to Actually Get Paid
You file your PFL claim with your employer’s insurance carrier, not with your employer directly or with the state. Fill out Part A of the Request for Paid Family Leave (Form PFL-1), then hand it to your employer to complete Part B. Attach the supplemental form that matches your reason for leave:
- Bonding: Form PFL-2, plus proof of birth, adoption, or foster placement.
- Family care: Form PFL-4, completed by your family member’s doctor.
- Military event: Form PFL-5, with supporting military documentation.
Forms are available from your employer, the insurance carrier, or the official New York State Paid Family Leave website.
If your leave is foreseeable, such as a due date, a planned surgery, or a known deployment, give your employer at least 30 days’ advance notice.9Legal Information Institute. New York Comp. Codes R. and Regs. Tit. 12 380-3.1 – Employee Notice Requirements for Paid Family Leave If it isn’t foreseeable, notify your employer as soon as you can. Missing the 30-day window doesn’t disqualify your claim, but it can delay payment.
Once the carrier has a complete application, it has 18 calendar days to either approve and pay or deny your claim.10Paid Family Leave. Handling Requests The clock starts on the later of two dates: when the carrier receives the completed paperwork, or your first day of leave.
Taxes on Your PFL Pay
PFL benefits are taxable income on your federal return, and the carrier will not automatically withhold taxes from the payments.11New York State Department of Taxation and Finance. New York State Paid Family Leave You can request voluntary withholding when you file your claim. If you don’t, set money aside. Twelve weeks at the 2026 maximum adds over $14,700 to your gross income for the year, so the tax bill isn’t minor.
Your Job While You’re Being Paid
When your PFL ends, your employer must return you to the same job or a comparable one with equivalent pay, benefits, and seniority. You keep your health insurance during leave on the same terms as if you were still working, which means you continue paying your share of premiums.12Paid Family Leave. Your Rights and Protections
Employers cannot retaliate against you for requesting or using PFL. Retaliation includes termination, demotion, pay cuts, reduced hours, or any disciplinary action tied to your leave. If you believe your employer retaliated, you can file a Formal Request for Reinstatement with your employer and, if that doesn’t resolve things, a discrimination complaint with the Workers’ Compensation Board.12Paid Family Leave. Your Rights and Protections Remedies for a proven violation can include reinstatement, back pay, attorney’s fees, and penalties.