Becoming a Parent in New York: The Current State of Parental Leave
In New York State, parental leave is governed by a veritable alphabet soup of laws, each with its own unique attributes: the federal Family and Medical Leave Act (FMLA), New York Paid Family Leave (PFL), New York Paid Sick Leave (PSL) and, effective as of January 1, 2025, New York Paid Prenatal Leave (PPL) (each as may be in effect and amended from time to time).
FMLA
The FMLA applies to "covered employees." A covered employee must:
Work for a covered employer.
Have worked 1,250 hours during the 12 months prior to the start of leave.
Work at a location where the employer has 50 or more employees within 75 miles.
Have worked for the employer for 12 months (which need not be consecutive).
A "covered employer" for these purposes is any public agency employer or any private sector employer employing 50 or more employees for at least 20 workweeks in the current or preceding calendar year.
The FMLA provides 12 weeks of unpaid leave per year; requires group health benefits to be maintained during the leave as if the employee continued to work instead of taking leave; and entitles employees to return to the same or an equivalent job at the end of the leave period.
PFL
The PFL generally covers most private sector employees in New York as well as public sector employees if the public sector employer has opted in to the program. To be eligible, employees must work at least 20 hours per week after 26 consecutive weeks of employment (full-time employees) or employees must work less than 20 hours per week after working 175 nonconsecutive days (part-time employees).
This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client.
For further information please contact me at www.kmckernanlaw.com kevin@kmckernan.com or 718-317-5007.