New York Paid Family Leave: Your Complete Rights Under the NYPFL Law

New York’s Paid Family Leave law is one of the strongest worker protection statutes in the country — giving employees paid time off to bond with a new child, care for a seriously ill family member, or address military family needs, all while keeping their job and health insurance. If you work in New York and don’t know your NYPFL rights, you may be leaving significant benefits on the table — or worse, allowing an employer to violate them without consequence.

This guide covers everything you need to know about New York paid family leave rights in 2025: who qualifies, how much pay you receive, what your employer cannot do, and what legal steps to take if something goes wrong.

What Is New York Paid Family Leave (NYPFL)?

New York Paid Family Leave (NYPFL) is a state-mandated insurance program established under the New York Workers’ Compensation Law that entitles eligible employees to paid, job-protected leave for qualifying family and caregiving reasons. The program took effect in 2018 and has expanded annually, making it the most comprehensive paid family leave program in the United States as of 2025.

NYPFL is funded through small employee payroll deductions — employers do not pay into the program directly. Benefits are delivered through your employer’s NYPFL insurance carrier, which is either a private insurer or, for some employers, the New York State Insurance Fund (NYSIF).

Unlike the federal Family and Medical Leave Act (FMLA), which provides only unpaid leave, NYPFL guarantees a wage replacement benefit paid in actual dollars. Unlike many other state leave programs, NYPFL also includes explicit protections against termination, demotion, and retaliation.

Who Qualifies for NYPFL Benefits?

Most private-sector employees who work for a covered employer in New York qualify for NYPFL benefits once they meet the minimum service requirement.

Full-time employees must have been employed for at least 26 consecutive weeks before the first day of leave. Part-time employees — defined as those working fewer than 20 regular hours per week — must have worked for at least 175 days before taking leave. These days do not need to be consecutive.

Public employees may be covered if their employer has elected to participate in NYPFL, but state and local government workers are not automatically covered. Federal employees are not covered by NYPFL.

Employees in the following situations are typically not eligible:

Employees who have worked for a covered employer for fewer than the required weeks or days
Self-employed individuals (though they may voluntarily opt in)
Employees covered by a collective bargaining agreement that provides equal or greater benefits and has expressly waived NYPFL coverage

New York law does not exclude part-time workers the way some states do — the 175-day threshold ensures most regularly scheduled part-time employees can eventually qualify.

How Much Pay You’re Entitled To Under NYPFL

In 2025, NYPFL pays eligible employees 67% of their average weekly wage (AWW), up to a cap of 67% of the New York State Average Weekly Wage (SAWW). The SAWW is updated each year by the New York State Department of Labor.

For 2025, the NYPFL benefit cap is based on the SAWW figure published annually — check the New York Workers’ Compensation Board website for the current maximum weekly benefit. In recent years, the maximum weekly benefit has been in the range of $1,000–$1,200, though you should verify the current figure for the applicable leave year.

Your average weekly wage is calculated by dividing your total wages from the eight weeks prior to the start of leave by eight. For most salaried employees, this is straightforward. For workers with variable hours or tips, the calculation may be more complex, and documentation of prior earnings matters.

Employees who earn at or above the SAWW receive the maximum benefit. Employees who earn less receive 67% of their own AWW, which will be less than the cap.

NYPFL benefits are subject to federal income tax — employees receive a 1099-G form — though they are not subject to Social Security or Medicare taxes.

What Situations NYPFL Covers: Bonding, Caregiving, and Military

NYPFL covers three distinct qualifying reasons for leave, each with specific rules.

Bonding with a New Child

Employees may take NYPFL to bond with a newly born, adopted, or fostered child. Leave must be taken within 12 months of the child’s birth, adoption, or placement in foster care. Both parents — regardless of gender — are eligible for bonding leave, and both parents working for separate covered employers may each take their own full leave entitlement.

Caring for a Seriously Ill Family Member

NYPFL allows employees to take leave to provide care for a family member with a serious health condition. “Serious health condition” under NYPFL means an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.

Covered family members include:

Spouses and domestic partners
Children (biological, adopted, foster, step, or legal ward)
Parents and parents-in-law
Grandparents and grandchildren
Siblings

Notably, New York’s definition of covered family members is broader than the federal FMLA’s definition, which does not include siblings, grandparents, grandchildren, or parents-in-law.

Military Family Qualifying Exigency

When a spouse, domestic partner, child, or parent is on active duty or has been notified of an impending call to active duty in the armed forces, employees may take NYPFL to handle qualifying exigencies — such as attending military events, arranging childcare, or managing legal and financial affairs related to the deployment.

How to Apply for New York Paid Family Leave

To apply for NYPFL benefits, follow these steps:

Notify your employer. Provide at least 30 days advance notice when leave is foreseeable. When leave is not foreseeable — such as an emergency — notify your employer as soon as practicable.
Obtain the NYPFL claim form. Request Form PFL-1 from your employer. Your employer must complete their portion and return it to you.
Gather supporting documentation. For bonding leave, this may include a birth certificate or adoption paperwork. For caregiver leave, a completed medical certification form (PFL-4) from the treating health care provider is required. For military exigency, military orders or documentation of active duty status is required.
Submit your claim to the insurer. Send the completed forms directly to your employer’s NYPFL insurance carrier — not to the state. Your employer must provide you with the carrier’s contact information.
Receive a decision. The insurer must pay or deny your claim within 18 calendar days of receiving your completed application, or on your first day of leave — whichever is later.

If your claim is denied, you have the right to request arbitration through the American Arbitration Association within 30 days of the denial. You do not need to file a lawsuit to challenge a denial.

Job Protection Rights While on NYPFL

NYPFL provides explicit job restoration rights. When your leave ends, your employer must reinstate you to the same position you held before leave, or to a comparable position with equivalent pay, benefits, and other terms and conditions of employment.

Health insurance continuation is also required by law. If you receive health insurance through your employer, that coverage must continue during NYPFL at the same terms — though you may be required to continue paying your share of premiums during leave.

Importantly, NYPFL job protection applies separately from FMLA protections. Even employees who have exhausted FMLA leave may still be entitled to NYPFL job protection if they have a qualifying NYPFL reason that is different from the FMLA-covered reason.

What Employers Are Legally Prohibited From Doing

New York law explicitly prohibits employers from retaliating against any employee for exercising NYPFL rights. Under New York Workers’ Compensation Law § 203-b, employers may not:

Terminate or threaten to terminate an employee for taking or requesting NYPFL
Reduce pay or benefits in connection with a NYPFL absence
Demote, reassign, or discipline an employee for using NYPFL
Deny job restoration at the conclusion of NYPFL leave
Interfere with, restrain, or deny the exercise of any NYPFL right

Employers also cannot require you to use accrued paid vacation, personal, or sick time concurrently with NYPFL unless the employer has a policy requiring it — and even then, the employee may choose to apply accrued time to receive full pay during leave (combining accrued paid leave with NYPFL wage replacement, up to 100% of regular wages). Notably, employers cannot require employees to use accrued sick time simultaneously with NYPFL under the current regulations.

Employers also cannot penalize employees during performance evaluations for NYPFL absences or count NYPFL leave as an absence under attendance policies.

When NYPFL and FMLA Run Together — and When They Don’t

The federal FMLA and New York NYPFL overlap in important but not identical ways. Understanding how these two laws interact is critical to protecting your full leave entitlement.

For a detailed look at how FMLA operates and interacts with state programs, see our FMLA rights and how they interact with state leave laws guide.

When they run concurrently: If a qualifying reason covered by both FMLA and NYPFL exists — such as bonding with a new child or caring for a seriously ill parent — both leaves typically run at the same time. This means an employee at a covered employer (50+ employees for FMLA; all private employers with 1+ employees for NYPFL) may take 12 weeks of FMLA-protected leave that simultaneously qualifies as NYPFL-protected leave. Running concurrently means the employee does not get 12 weeks FMLA + 12 weeks NYPFL back to back for the same reason.

When they diverge:

Employee’s own health condition: FMLA covers an employee’s own serious health condition; NYPFL does not. An employee out sick with their own illness gets FMLA (unpaid) but not NYPFL.
Employer size: FMLA applies to employers with 50+ employees; NYPFL applies to virtually all private employers regardless of size.
Eligible family members: NYPFL covers siblings, grandparents, grandchildren, and parents-in-law; FMLA does not.
Pay: FMLA is unpaid; NYPFL provides wage replacement.
Service requirements: FMLA requires 12 months of service and 1,250 hours; NYPFL requires 26 consecutive weeks (full-time) or 175 days (part-time).

When both laws apply to a leave situation, the employer must comply with both — the employee gets the most protective combination of rights from each statute.

What to Do If Your Employer Denies or Retaliates Against Your NYPFL Claim

If your employer denies your NYPFL leave, retaliates against you, or refuses to reinstate you after leave, you have multiple legal avenues.

For insurer claim denials: Request arbitration through the American Arbitration Association. You must file the arbitration request within 30 days of the denial. This process is specifically designed for NYPFL disputes and does not require a lawyer, though having one can help.

For employer retaliation or interference: You may file a complaint with the New York Workers’ Compensation Board, which has authority to enforce NYPFL anti-retaliation provisions. You may also have claims under additional New York laws — such as the New York State Human Rights Law or, if the retaliation relates to a protected characteristic, broader discrimination statutes.

Documentation is critical. Keep copies of:

All NYPFL application forms submitted
Any written communications with your employer or the insurer about your leave
Performance reviews and disciplinary records from before and after leave
Any written or verbal statements from supervisors about your leave

If your employer fires, demotes, or disciplines you in connection with NYPFL leave, that is potential retaliation — and the burden shifts to the employer to demonstrate a legitimate, non-retaliatory reason for the action.

Consulting an employment attorney can help you assess whether a denial or adverse action rises to an actionable legal claim. Many employment attorneys handle NYPFL retaliation cases on a contingency basis. To understand your options, get a free case evaluation from an employment law professional.

New York Paid Family Leave vs. California PFL: Key Differences

New York and California both have robust paid family leave programs, but there are meaningful differences employees should understand when working across state lines or comparing protections.

For a complete breakdown of the California program, see our guide on California Paid Family Leave rights.

Feature	New York NYPFL	California PFL
Maximum duration	12 weeks	8 weeks
Wage replacement rate	67% of AWW	60–70% of AWW
Job protection explicit?	Yes (under NYPFL statute)	No explicit PFL job protection (CFRA provides it separately)
Employee’s own illness	Not covered	Not covered (SDI covers this)
Covered family members	Broader (includes siblings, grandparents, in-laws)	Broad but differs in specifics
Employer size threshold	1+ employee	5+ employees (for CFRA job protection)
Claim disputes	AAA arbitration	California Employment Development Department appeal

New York’s NYPFL is notable for providing explicit statutory job protection within the same law that creates the pay benefit — California workers must rely on the California Family Rights Act (CFRA) for job restoration rights separately from the state’s paid leave program.

Frequently Asked Questions About NYPFL

Can my employer deny my NYPFL leave if I haven’t worked there long enough? If you haven’t completed the 26-week (full-time) or 175-day (part-time) service requirement, your employer is not required to grant NYPFL benefits. However, if you have met the threshold and your employer still denies leave, that denial may be unlawful. You should submit your claim to the insurer directly and, if denied, request arbitration within 30 days.

Can I take NYPFL intermittently? Yes. New York Paid Family Leave can be taken on an intermittent basis — in increments as small as one full day. This is useful for employees who need to take their seriously ill family member to medical appointments on a recurring basis, for example. You cannot, however, take intermittent bonding leave without your employer’s consent.

Does NYPFL cover my own serious illness? No. NYPFL does not cover an employee’s own health condition. If you are ill yourself, you may be entitled to leave under the federal FMLA (if you work for a covered employer), New York State short-term disability benefits, or your employer’s own sick leave policies. New York’s Paid Sick Leave Law provides a separate layer of protection for shorter absences.

What if my employer doesn’t have NYPFL insurance? Virtually all private-sector employers in New York with one or more employees are required to carry NYPFL insurance. If your employer has failed to obtain coverage, they may be liable for your benefits out of pocket and are subject to penalties. You can contact the New York Workers’ Compensation Board to report a non-compliant employer.

Can I be fired while on NYPFL? Your employer cannot fire you because you are on NYPFL leave. However, if a legitimate, non-leave-related reason for termination exists — such as a company-wide layoff — termination during NYPFL leave is not automatically unlawful. The key question is whether the termination was caused or motivated by the NYPFL leave itself. If you suspect your firing was retaliatory, document everything and consult an employment attorney promptly.

Conclusion: Know Your Rights, Protect Your Leave

New York paid family leave rights give workers real financial support and legal job protection at critical life moments — the birth of a child, a family member’s serious illness, a military deployment. The law is strong, but it only protects you if you use it correctly and push back when employers overstep.

If your employer has denied your NYPFL leave without cause, interfered with your rights, or taken adverse action against you for exercising those rights, you have legal options. Retaliation against NYPFL use is unlawful, and New York’s enforcement mechanisms — from the Workers’ Compensation Board to civil litigation — exist precisely for situations like yours.

Don’t wait to act. Evidence of retaliation can fade, and arbitration filing deadlines are strict. If you believe your NYPFL rights have been violated, get a free case evaluation to understand your legal options before those windows close.