Workplace Rights Hub
A state by state legal guide to asserting your rights for workers caring for yourself and your loved ones.
Knowledge is power! You shouldn’t have to choose between caring for your health and your family, or your paycheck. There are laws that can help. ABB’s Workplace Rights Hub is your guide to the workplace laws that can help ensure you are free from discrimination and give you the time and support you need as you care for yourself and your loved ones, building on our groundbreaking book and resource Babygate: How to Survive Pregnancy & Parenting in the Workplace.
Find Your State
Select the state where you work to begin understanding and exercising your rights. Under each state, you’ll find five tabs, organized by scenario, on the following types of laws. Please note that some states may not have certain laws. For example, not every state has a paid sick time or paid family and medical leave law:
- Caring for Your Heath: Time Off, Accommodations, & Other Rights: Covers paid sick time, paid medical leave, and job-protected unpaid medical leave if you need time off from work to care for your own health or workplace accommodations.
- Time Off to Care for a Loved One & Other Rights: Covers paid sick time, paid family leave, and job-protected unpaid family leave for workers needing time off from work to care for a family member or loved one with an illness, injury, or serious health condition or for those who need time off for military caregiving needs.
- Navigating Pregnancy at Work / Pregnancy Loss: Covers pregnancy discrimination, pregnancy accommodations, sick leave for prenatal appointments, and protections for workers who have experienced a miscarriage.
- Time Off for Childbirth & Bonding With a New Child: Covers paid family leave and job-protected unpaid leave for workers needing time off for childbirth and/or bonding.
- Returning to Work After Childbirth & Pumping at Work: Covers laws regarding pumping at work, paid sick time if you or your children get sick, and caregiver discrimination.
Family Leave Works New York
Know Your Rights
Paid Family Leave in New York State
What does the paid family leave law do?
The law guarantees workers time off to bond with a new child (including adopted and foster children); care for a seriously ill family member (child, parent, parent-in-law, spouse, domestic partner, grandchild, or grandparent); 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.
How much paid family leave can I take?
In 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 2020, you can receive 60% of your average weekly pay, up to $840.70 per week. In 2021, you can receive 67% of your average weekly pay, up to $971.61 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 2020, these deductions will be no more than an average of $3.78 per week, and many workers will pay less than that. For 2021, these deductions will be no more than an average of $7.41 per week, and many workers will pay less than that.