If you work in New York, FMLA in New York State gives you up to 12 weeks of unpaid, job-protected leave each year under federal law, and it usually runs at the same time as New York’s Paid Family Leave, which pays a portion of your wages during that absence. The two programs cover overlapping but not identical ground: FMLA protects your job, PFL replaces part of your income, and a separate New York disability program handles your own serious illness, which PFL does not cover. Knowing which program does what, before you need to take time off, is what keeps you from losing pay or protection you were entitled to.
Who Qualifies for FMLA in New York
FMLA does not reach every workplace. In the private sector, it applies only to employers with at least 50 employees during 20 or more workweeks in the current or previous calendar year.1U.S. Department of Labor. Fact Sheet #28: The Family and Medical Leave Act Public agencies and public or private elementary and secondary schools are covered regardless of headcount.
Even when your employer is covered, you must meet three conditions of your own:
- At least 12 months of employment with that employer (the months do not have to be consecutive).
- At least 1,250 hours of actual work during the 12 months immediately before leave begins. Vacation, sick days, and other paid time off do not count toward this.
- Work at a site where 50 or more employees of your employer are within a 75-mile radius.2eCFR. 29 CFR 825.110 – Eligible Employee
That 75-mile rule matters more than people expect. If your employer has 200 employees nationwide but only 30 work near your office, FMLA does not apply to you. New York PFL, as you will see, generally does.
What FMLA Covers
Eligible employees can take up to 12 workweeks of FMLA leave in a 12-month period for any of these reasons:3Office of the Law Revision Counsel. 29 USC 2612 – Leave Requirement
- Bonding with a new child after birth, adoption, or foster care placement. This leave must be taken within 12 months of the child’s arrival.
- Caring for a spouse, child, or parent with a serious health condition. Parents-in-law, siblings, and grandparents are not covered under federal law.4U.S. Department of Labor. Fact Sheet #28F: Reasons That Workers May Take Leave under the Family and Medical Leave Act
- Your own serious health condition, when illness or injury makes you unable to do your job and involves hospitalization or ongoing treatment by a healthcare provider.
- A qualifying exigency arising from a spouse, child, or parent’s covered active duty or impending deployment, including things like arranging childcare or attending military events.
A separate, larger entitlement exists for military caregivers. If you are the spouse, child, parent, or next of kin of a current servicemember or recent veteran (discharged within the previous five years) with a serious injury or illness, you can take up to 26 workweeks of leave in a single 12-month period.5U.S. Department of Labor. Fact Sheet: Using FMLA Leave Because of a Family Member’s Military Service That 26-week cap is combined, meaning it includes any other FMLA leave taken during the same 12-month period.
How New York Paid Family Leave Fills the Gaps
NY PFL is a separate state program that pays a portion of your wages during leave. In 2026, benefits equal 67% of your average weekly wage, capped at $1,228.53 per week (67% of the statewide average weekly wage of $1,833.63).6Paid Family Leave. New York Paid Family Leave Updates for 2026 Employees fund the program through a small payroll deduction.
Eligibility is easier to meet than FMLA’s. Virtually all private employers in New York must carry PFL insurance, with no minimum headcount. Full-time employees become eligible after 26 consecutive weeks of employment, and part-time employees working fewer than 20 hours per week qualify after 175 days of work. There is no 1,250-hour requirement.
PFL covers up to 12 weeks per year for three reasons: bonding with a new child, caring for a family member with a serious health condition, and assisting with matters arising from a family member’s military deployment abroad.7Paid Family Leave. New York State Paid Family Leave The family definition is broader than FMLA’s and includes domestic partners, grandparents, grandchildren, siblings, and parents-in-law.
One important boundary: PFL does not cover your own serious health condition.8Paid Family Leave. Paid Family Leave and Other Benefits If you are the one who is sick or injured, PFL will not pay you.
Your Own Illness: FMLA Plus New York Disability
When you cannot work because of your own non-work-related illness or injury, FMLA protects your job but does not pay you. New York’s short-term disability program under Workers’ Compensation Law Article 9 pays a weekly cash benefit, with a 2026 maximum of $170 per week for up to 26 weeks.9NYSIF. NYSIF Lowers Standard Disability Benefits Premium Rate for 2026 Virtually all private employers in New York must provide this coverage.10New York State Workers’ Compensation Board. Disability Benefits Coverage Requirements
That $170 ceiling is far below the PFL cap. For most workers facing a real medical condition, FMLA job protection combined with employer-provided short-term disability insurance (which many larger New York employers offer on top of the state minimum) is the practical safety net. If your employer offers no supplemental coverage, the state benefit alone will not come close to replacing your income, and you should plan accordingly.
How FMLA and NY PFL Run Together
When the same absence qualifies under both FMLA and PFL, your employer will generally require the two leaves to run concurrently. You get 12 weeks of leave that is both job-protected (by FMLA) and partially paid (by PFL), not 12 weeks of one followed by 12 more of the other. This prevents stacking.
Three situations drive a wedge between the two programs:
- Your own illness. FMLA covers it; PFL does not. You rely on FMLA for job protection and New York disability benefits (or private disability insurance) for income.
- A small employer. If your employer has fewer than 50 employees within 75 miles, FMLA does not apply, but PFL almost certainly does. You still get paid leave and job protection under state law.
- Extended family. If you need to care for a grandparent, sibling, domestic partner, or parent-in-law, PFL covers you and FMLA does not.
Taking Leave Intermittently
FMLA leave does not have to be taken in one continuous block. When a medical condition requires it, you can take leave in smaller increments or work a reduced schedule, so long as your healthcare provider’s certification supports the need.11eCFR. 29 CFR 825.202 – Intermittent Leave or Reduced Leave Schedule An employee undergoing chemotherapy might take every Friday off for several months rather than disappearing for 12 straight weeks.
Bonding leave is different. Intermittent FMLA bonding leave requires the employer’s agreement. If the employer says no, you must take bonding leave in one continuous block. PFL, by contrast, allows bonding leave in full-day increments without requiring the employer’s consent.
When tracking intermittent FMLA leave, your employer must use the smallest time increment it uses for other leave types, and that increment cannot be larger than one hour.12U.S. Department of Labor. Fact Sheet: Counting Leave Use under the Family and Medical Leave Act That rule prevents an employer from charging you a full day of FMLA for a two-hour medical appointment.
Your Job and Health Insurance While on Leave
The core promise of FMLA is that your job, or an equivalent one, is waiting when you return. “Equivalent” means virtually identical pay, benefits, and working conditions, with substantially similar duties and responsibilities, at the same or a nearby worksite and generally on the same shift.13U.S. Department of Labor. Family and Medical Leave Act Advisor: Equivalent Position and Benefits Any unconditional pay raises that happened during your absence, like cost-of-living adjustments, must be applied to your returning salary, and you cannot be forced to re-qualify for benefits you had before leave.
Your group health insurance must continue on the same terms as if you were still working.14Office of the Law Revision Counsel. 29 USC 2614 – Employment and Benefits Protection If you normally pay a share of the premium, you remain responsible for your portion during leave, and the employer must tell you in writing how to pay. If your payment runs more than 30 days late, the employer can cancel coverage after at least 15 days’ written notice.15United States Department of Labor. The Employer’s Guide to the Family and Medical Leave Act
One narrow exception applies to high earners. If you are a salaried employee in the highest-paid 10% of employees within 75 miles of your worksite, your employer can designate you a “key employee” and deny reinstatement if restoring you would cause substantial and grievous economic injury to the business. The employer must notify you of this status when you request leave (or when it makes the determination, if later). Even as a key employee, your right to take the leave and keep your health insurance during it remains intact.
How to Request Leave and What to Submit
For a serious health condition, your employer will usually ask for medical certification. The Department of Labor publishes optional forms: WH-380-E for your own condition and WH-380-F for a family member’s.16U.S. Department of Labor. FMLA: Forms Military-related leave uses its own documentation, such as active duty orders.
For foreseeable leave, like scheduled surgery or an expected due date, you must give at least 30 days’ advance notice.17eCFR. 29 CFR 825.302 – Employee Notice Requirements for Foreseeable FMLA Leave When the need is not foreseeable, notify your employer as soon as practicable. Late notice can delay the start of your protected leave.
After your request, the employer has five business days to issue a Notice of Eligibility and Rights & Responsibilities, then another five business days (after it has enough information) to issue a Designation Notice confirming whether the time counts as FMLA. An incomplete certification must be flagged in writing, and you get seven calendar days to fix it.18eCFR. 29 CFR 825.300 – Employer Notice Requirements For ongoing conditions, your employer can usually request recertification no more than every 30 days and only during an actual absence; if the original certification states a minimum duration longer than 30 days, the employer must wait that period out, though it can always recertify every six months.19U.S. Department of Labor. Family and Medical Leave Act Advisor – Recertification Recertification costs fall on you unless your employer says otherwise.
PFL has a separate claim process even when it covers the same absence. You file with your employer’s PFL insurance carrier, not with the state or the employer directly. Submit your completed forms within 30 days after your first day of leave to avoid losing benefits. The insurer has 18 days after receiving the completed paperwork to accept or deny the claim.20NYSIF. About Your Paid Family Leave Claim A denial can be appealed through the Workers’ Compensation Board.
If Your Employer Violates Your Rights
Employers may not interfere with your FMLA rights or retaliate against you for using them. Prohibited conduct includes refusing authorized leave, discouraging you from taking it, manipulating hours to defeat your eligibility, and treating leave as a negative factor in promotions, discipline, or reviews. Counting FMLA absences against you under a no-fault attendance policy is also unlawful.21U.S. Department of Labor. Fact Sheet #77B: Protection for Individuals under the FMLA
You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division, which investigates FMLA violations and can sue the employer, or you can file your own lawsuit. The general deadline for an FMLA claim is two years from the date of the violation.21U.S. Department of Labor. Fact Sheet #77B: Protection for Individuals under the FMLA PFL disputes, including denied claims and retaliation, go through the Workers’ Compensation Board.