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Paid Family Leave in New York State

What does the paid family leave law do?

The law guarantees moms and dads time off to bond with a new child (including adopted and foster children); care for a seriously ill family member; or address certain military family needs.

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.

When can I take bonding leave?

You have the right to take bonding leave at any point within the first 12 months following a child’s birth or placement for adoption or foster care. If a child has two parents, each parent (of any gender) has the right to up to ten weeks of paid family leave. 

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.

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

In 2019 you can receive 55% of your average weekly pay, up to $746.41 per week. 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 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 many workers will pay less than that.

Do I have any other rights?

You may also have rights related to your family needs under other laws. You can find out more about these rights here. You may also have additional rights connected to pregnancy, childbirth, and breastfeeding, which you can learn more about 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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