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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 servicemember, to make arrangements for the care or education of the servicemember’s child or the care of the servicemember’s parent, or to attend official military events or support programs. It can also be used to spend time with a servicemember for up to 15 days during a short-term, temporary rest and recuperation leave during deployment. If your servicemember 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?

In 2019 and 2020, you can take up to ten weeks of family leave. In 2021, you will be able to take up to 12 weeks of 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?

In 2020 you can receive 60% of your average weekly pay, up to $840.70. In following years, you’ll be eligible to receive a greater percentage of your pay while on leave.

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 2019, these deductions will be no more than an average of $2.08 per week and in 2020 these deductions will be no more than an average of $3.78 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.

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

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