skip to Main Content

What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a federal law that gives covered workers the right to up to 12 weeks of unpaid, job-protected time off to address their own serious health needs, bond with a new child (including an adopted or foster child), care for a seriously ill or injured family member, or address certain military family needs.

How is New York paid family leave different from the FMLA?

Although the two laws are similar in many ways, they have some key differences. Most importantly, New York’s law gives covered workers the right to be paid while they are on leave, while the FMLA only gives the right to unpaid time. Both laws give workers the right to return to work after taking leave.

Do the New York paid family leave law and the FMLA cover the same people?

Though many workers are covered by both laws, some workers covered by New York’s paid family leave law are not covered by the FMLA and vice versa. You can find out more about who is covered by New York’s paid family leave law here and can find out more about who is covered by the FMLA here.

Can I take leave under New York’s paid family leave law and the FMLA for the same reasons?

If you are covered, you can take leave under both New York’s paid family leave law and the FMLA to bond with a new child, care for a seriously ill or injured family member, or address certain military family needs. New York’s paid family leave law, unlike the FMLA, does not cover time off for a worker’s own serious health needs; however, workers taking time off for their own serious health needs may be covered by New York’s temporary disability insurance (TDI) law.

In addition, the FMLA only gives covered workers the right to take time off to care for a parent, spouse, or a child, while New York’s paid family leave law gives you the right to take time off to care for a longer list of family members.

Do I have to take New York paid family leave and FMLA at the same time?

In general, yes. If you are covered by both the FMLA and New York’s paid family leave law and are taking time off for a purpose covered by both laws, you can be required to take time under both laws at the same time (concurrently).

 


Call A Better Balance if you have any questions about your rights at work.

Our free hotline can provide you with information about your rights at work (or refer you to another attorney or legal organization in your area). The information provided here or in response to a Hotline inquiry does not constitute legal advice and does not establish an attorney-client relationship. If ABB chooses to represent you, then a retainer will be signed setting out the scope of the representation.

Call 1-833-NEED-ABB

Back To Top