Family Leave Works New York

Military Caregivers

Paid Family Leave in New York State

What does the paid family leave law do for military families?

You have the right to time off before, during, or after a close family member’s deployment abroad to address certain needs arising out of your loved one’s military service. You can also take time off to care for a seriously ill or injured family member (including family member with a service-connected illness or injury) or to bond with a new child.

Am I covered?

If you’re employed outside the government in New York State, either full-time or part-time, you’re probably covered under the law, regardless of how many people work for your employer. The law applies regardless of immigration or citizenship status.

Is this leave just for spouses?

No. You can take paid family leave in connection with your child, parent, parent-in-law, spouse, or domestic partner’s deployment.

When can I take leave in connection with a deployment?

If a covered family member is on active duty abroad or has been notified of an impending call or order to active duty abroad in the Armed Forces (including National Guard and Reserves), you may be eligible for paid family leave.

This leave can be taken to make financial or legal arrangements for the service member, to make arrangements for the care or education of the service member’s child or the care of the service member’s parent, or to attend official military events or support programs. It can also be used to spend time with a service member for up to 15 days during a short-term, temporary rest and recuperation leave during deployment. If your service member is notified of an impending call or order to active duty abroad with less than 7 days notice, you can take paid family leave for up to 7 calendar days to address any need that arises as a result of that short-notice deployment.

How much paid family leave can I take?

You can take up to twelve weeks of family leave. 

Do I have to take my paid family leave all at once?

No. If you need to, you can take leave intermittently in units as small as one day.

How much of my paycheck can I get while I am on paid family leave?

You can receive 67% of your average weekly pay, up to a cap. In 2022, the cap is $1,068.36 per week. 

Will my job be protected while I am on leave?

Yes. You have the right to return to work. If you receive healthcare coverage through your employer, you also have the right to keep your healthcare coverage under its current conditions.

When can I begin taking paid family leave?

You can start receiving benefits six months after your start date. If you work less than 20 hours per week, you may need to work for slightly longer (175 days) to qualify.

Who pays for paid family leave?

Workers pay for paid family leave through small payroll deductions. For 2022, these deductions will be no more than an average of $8.15 per week, and many workers will pay less than that.

Do I have any other rights?

You may have rights related to your family needs under other laws. You can find out more about these rights here.

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