New York’s parental leave comes from two separate programs that most new parents use together. Paid Family Leave (PFL) gives eligible employees up to 12 weeks of job-protected, partially paid time off to bond with a newborn, newly adopted, or newly fostered child. Birth parents can also draw short-term disability benefits for physical recovery from childbirth, which runs before PFL and can stretch total time away from work well past 12 weeks. For 2026, PFL pays 67% of your average weekly wage up to a maximum of $1,228.53 per week, funded entirely by a small deduction from your own paycheck.
Who Qualifies for Paid Family Leave
Eligibility turns on how long you have worked for your current private-sector employer, not your overall work history. If you regularly work 20 or more hours a week, you qualify after 26 consecutive weeks on the job. If you work fewer than 20 hours a week, you qualify after 175 days of actual work for that employer.1New York Codes, Rules and Regulations. 12 CRR-NY 380-2.5 – Employees Who Acquire Eligibility During Employment
Almost every private employer in New York must carry PFL coverage, no matter how few people they employ. A business with a single worker is covered.2Paid Family Leave. Paid Family Leave and Other Benefits Public employers such as state agencies, counties, and municipalities are not automatically covered but may opt in.3New York State Workers’ Compensation Board. New York Paid Family Leave – A Guide for Public Employers If you work for a government entity, ask HR whether yours has. Immigration status and citizenship do not affect eligibility.
Self-employed people, including sole proprietors and independent contractors, can voluntarily buy in. If you have no employees, PFL and disability must be purchased together. Opt in within the first 26 weeks of starting your business, and you become eligible 26 weeks after coverage begins. Wait longer, and a two-year waiting period applies.4New York State Workers’ Compensation Board. NYS Paid Family Leave – Information for Self-Employed
How Much PFL Pays
PFL pays 67% of your average weekly wage, capped at 67% of the statewide average weekly wage. In 2026 that cap produces a maximum weekly benefit of $1,228.53.5Paid Family Leave. New York State Paid Family Leave If you earn less than the statewide average, your benefit is simply 67% of your own weekly earnings.6New York State Senate. Workers Compensation Law Section 204 – Disability and Family Leave During Employment
The program is funded by employee payroll deductions, not employer contributions or general tax revenue. For 2026, the deduction rate is 0.432% of gross wages, with a maximum annual contribution of $411.91.7Paid Family Leave. Cost and Deductions Your employer may choose to cover your share, but is not required to. Check your pay stub for the PFL line to confirm you are enrolled.
How Long You Can Take Off
Eligible parents can take up to 12 weeks of PFL within any 52-week period to bond with a new child. The leave must be used within the first 12 months after the child’s birth, adoption, or foster placement.8Paid Family Leave. Bonding Leave for the Birth of a Child You do not have to take it all at once. Full-day increments across the year are allowed, which lets you phase back into work or coordinate with a partner’s leave.
Both parents are individually entitled to their own 12 weeks, regardless of gender. If you and your co-parent both work for covered employers, you each have a separate 12-week entitlement, even if you work for the same company.
Extra Leave for Birth Parents
New York’s short-term disability program covers birth parents for physical recovery from childbirth and runs separately from PFL bonding leave. A birth parent can receive disability benefits for four weeks before the due date and six weeks after a vaginal delivery, or eight weeks after a cesarean section. With medical documentation showing continued need, disability leave can extend up to 26 weeks total.9New York State Workers’ Compensation Board. Employee Eligibility and Benefits
Three rules govern how the two benefits fit together:
- You cannot collect disability benefits and PFL at the same time.
- Your total disability leave plus PFL cannot exceed 26 weeks in any 52-week period.
- Birth parents typically take disability leave first for recovery, then transition to PFL for bonding once medically cleared.
Only the birth parent qualifies for disability leave tied to childbirth. Non-birth parents, adoptive parents, and foster parents go straight to PFL bonding leave.9New York State Workers’ Compensation Board. Employee Eligibility and Benefits
How PFL Interacts With Federal FMLA
The federal Family and Medical Leave Act provides up to 12 weeks of unpaid, job-protected leave for employees at companies with 50 or more workers within 75 miles. To qualify, you must have worked for that employer for at least 12 months and logged at least 1,250 hours during the previous year.10U.S. Department of Labor. Fact Sheet 28 – The Family and Medical Leave Act
If you qualify for both FMLA and New York PFL, your employer can require the two to run concurrently. The employer must notify you that the leave is being counted against both entitlements.2Paid Family Leave. Paid Family Leave and Other Benefits That gets you 12 weeks total rather than 24, but those weeks are paid through PFL and job-protected under both laws. If your employer does not formally designate the leave as concurrent, the entitlements may run separately, which can mean more total time off.
PFL has lower eligibility barriers than FMLA. You might qualify for PFL but not FMLA if you work for a small employer, have been on the job less than 12 months, or have not logged 1,250 hours. In that situation, only the PFL protections apply.
How to File Your Claim
Give your employer at least 30 days’ notice before your leave starts whenever the event is foreseeable, such as an expected due date, scheduled adoption placement, or known foster care date. If circumstances change unexpectedly, notify your employer as soon as you can.11New York Codes, Rules and Regulations. 12 CRR-NY 380.3.1 – Employee Notice Requirements for Paid Family Leave
The Paperwork
Start with Form PFL-1, the Request for Paid Family Leave. You complete Part A with your personal and employment information, then hand it to your employer to complete Part B. With the PFL-1, you submit a bonding certification (Form PFL-2) and documentation proving the parent-child relationship.12New York State Workers’ Compensation Board. How to Request Paid Family Leave
The documentation depends on how you are becoming a parent:
- Birth parents submit a birth certificate listing their name, or, because birth certificates often take weeks to arrive, a healthcare provider’s certification of birth that includes the parent’s name, the birth date, and the provider’s credentials.
- Non-birth parents submit a birth certificate naming them, a Voluntary Acknowledgment of Paternity, or a Court Order of Filiation. Alternatively, the same birth documentation as the birth parent plus proof of the relationship to the birth parent, such as a marriage certificate.
- Adoptive parents submit court documentation of the final adoption or paperwork showing the adoption is in progress.
- Foster parents submit a foster care placement letter from the county or city Department of Social Services.
These requirements come from the Workers’ Compensation Board’s guidance for bonding leave documentation.13New York State Workers’ Compensation Board. Bonding Leave Information for Health Care Providers
After You File
Send the completed forms and supporting documents directly to your employer’s PFL insurance carrier, not to a state agency. Ask HR for the carrier’s name and contact information if you do not already have it. In most cases, the carrier must pay or deny your claim within 18 calendar days of receiving the completed request or your first day of leave, whichever is later.14Paid Family Leave. Paid Family Leave for Family Care Payments usually arrive by direct deposit or mailed check.
If Your Claim Is Denied
A denial is not the end. You can request binding arbitration through National Arbitration and Mediation (NAM), the organization designated by the Workers’ Compensation Board to handle PFL claim disputes. Submit a Request for Arbitration with your supporting documents to both NAM and the party that denied your claim, usually the insurance carrier. The filing fee is $25.15NAM Case Management. NAM – NYS Paid Family Leave Arbitration An independent arbitrator reviews the paperwork and issues a final, binding decision. You are not required to have a lawyer, though you may hire one.
Your Job While You Are on Leave
New York law guarantees your right to return to the same job, or a comparable position with equivalent pay and benefits, after PFL ends. Your employer cannot fire you, demote you, cut your pay, or discipline you for requesting or taking leave.16Paid Family Leave. Your Rights and Protections
Your health insurance continues on the same terms as if you were still working. If you normally pay part of the premium, you must keep paying your share during leave to avoid a lapse.16Paid Family Leave. Your Rights and Protections If you believe your employer retaliated against you for taking PFL, you can file a formal reinstatement request using Form PFL-DC-119 through the Workers’ Compensation Board.17New York State Workers’ Compensation Board. Formal Request for Reinstatement Regarding Paid Family Leave
Taxes on PFL Benefits
New York PFL benefits are subject to federal income tax. The IRS treats family leave payments from state programs as taxable income regardless of who paid the premiums. PFL benefits are not treated as wages for Social Security and Medicare tax purposes, so FICA is not withheld from benefit checks.
If your employer pays your PFL premiums on your behalf rather than deducting them from your paycheck, those employer-paid amounts are treated as additional taxable income to you and must be reported on your W-2. New York does not automatically withhold federal income tax from PFL payments, so setting aside a portion of your benefits or adjusting your W-4 withholding can help you avoid a surprise at tax time.