New York State Paid Family Leave

Quick Facts

• Benefit structure: Provides wage replacement and job protection for eligible workers taking leave to bond with a child, care for a seriously ill family member, or address military family needs.
• 2025 benefit level: 67% of the employee’s average weekly wage, capped at 67% of the New York State average weekly wage ($1,718.15), resulting in a maximum weekly benefit of $1,151.16.
• Duration: Up to 12 weeks of leave per 52-week period. Benefits can be taken continuously or intermittently in full-day increments.
• Job protections: Employers must continue health insurance and restore employees to the same or a comparable position. Retaliation for taking leave is prohibited.
• Funding: Entirely employee-funded through payroll deductions. For 2025, the contribution rate is 0.373% of wages up to the statewide average weekly wage.

Program Overview

New York’s Paid Family Leave (PFL) program is one of the most robust paid leave systems in the United States. Implemented in 2018 and fully phased in by 2021, it ensures nearly all private-sector employees have access to wage replacement and job protection. The program is administered through private insurance carriers or employers who self-insure, but the benefit rules are uniform statewide.

When an employee needs leave, they work through their employer’s insurance carrier rather than the state. Employers must provide claim forms (PFL-1 and the applicable supporting form) within three business days of a request. The employee submits the packet to the carrier, who has 18 calendar days to approve or deny the claim once complete documentation is received.

Covered Employers and Employees

• Covered employers: Most private employers with at least one employee are required to provide Paid Family Leave. Public employers may voluntarily opt in. Domestic employers (those employing household workers) must provide coverage if they employ at least one worker for 40+ hours per week.
• Employee eligibility: Full-time employees qualify after 26 consecutive weeks of employment. Part-time employees qualify after working 175 days, which need not be consecutive. Independent contractors are generally excluded unless they are W-2 employees.
• Opt-out: Employees can request a waiver (Form PFL-Waiver) if they won’t meet the time-worked thresholds (e.g., seasonal employees). If their schedule later changes such that they would qualify, the waiver is revoked and contributions begin.

Qualifying Events

1. Bonding with a new child: Within 12 months of birth, adoption, or foster placement. All parents, including adoptive and foster parents, are eligible. Surrogacy arrangements require legal documentation establishing parental rights.
2. Caring for a family member with a serious health condition: Covers spouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild, and siblings. A “serious health condition” involves inpatient care or continuing treatment/supervision by a health care provider.
3. Handling military exigencies: For issues arising from the deployment of a spouse, domestic partner, child, or parent in the armed forces. Examples include attending military briefings, arranging childcare, or managing financial/legal matters.

Benefit Calculation

• Average weekly wage (AWW): Calculated using the last eight weeks of pay prior to leave. The insurer uses gross wages. For employees with variable schedules, include overtime, tips, and commissions.
• Benefit amount: 67% of your AWW, capped at 67% of the statewide average weekly wage. If your AWW is $900, your weekly benefit is $603. If your AWW exceeds $1,718.15, you still receive the maximum $1,151.16.
• Minimum increments: Benefits are paid in full-day increments. Intermittent leave is supported by claiming only the days taken.

Application Steps

1. Notify employer. Provide written notice at least 30 days in advance if foreseeable (e.g., planned surgery). In emergencies, notify as soon as practicable.
2. Obtain forms. Request Form PFL-1 from your employer. Complete Part A and have the employer complete Part B within three business days. Obtain the relevant supporting form: PFL-2 (bonding), PFL-3/4 (caregiver), or PFL-5 (military).
3. Gather documentation. Examples include birth certificates, adoption papers, medical certifications (Form PFL-4), or military orders. Documents in another language should include a translation.
4. Submit to insurance carrier. Send the completed forms and documentation within 30 days after the first day of leave. Keep copies and use tracked mail or secure upload when available.
5. Carrier decision. The insurer must respond within 18 days of receiving a complete request. If information is missing, the clock pauses until you provide what’s needed.
6. Payment. Approved benefits are issued via check or direct deposit, depending on the carrier. Payments typically arrive biweekly.

Maintaining Health Coverage and Job Status

Employers must continue existing health insurance on the same terms during leave. Employees must keep paying their share of premiums, either through payroll deduction once they return or via direct payment during leave. Upon return, the employer must restore the employee to the same or comparable position with the same pay, benefits, and seniority. Retaliation or discrimination for taking PFL can lead to penalties and the employee can seek reinstatement or back pay through the New York State Workers’ Compensation Board.

Interaction with Other Leave Laws

• FMLA/CFRA equivalency: New York PFL runs concurrently with federal FMLA if both apply. Because NY PFL covers more family relationships (grandparents, siblings, in-laws), those leaves may not count against FMLA allotments.
• Short-term disability: Employees cannot collect PFL and short-term disability simultaneously. Birth parents typically receive short-term disability benefits during recovery, then switch to PFL for bonding. Combined short-term disability and PFL benefits are capped at 26 weeks within a 52-week period.
• Sick leave: Employers can allow or require use of accrued paid time off to top up wages to 100%. However, they cannot force employees to use sick leave if it would reduce PFL benefits.
• Unemployment insurance: You cannot receive unemployment benefits while on PFL because you are not available to work.

Tips for Maximizing Benefits

1. Align schedules with partner: Two parents employed in New York can take PFL at the same time or consecutively. Coordinate to cover more months of caregiving.
2. Plan for premium payments: If your workplace coverage is costly, set aside funds to pay your share during leave so coverage doesn’t lapse.
3. Check employer enhancements: Some employers offer supplemental pay. Confirm whether any offsets apply; employer top-ups do not reduce your PFL benefit.
4. Keep communication documented: Use email to confirm leave dates, return-to-work plans, and premium arrangements. Written documentation protects you from disputes.
5. Request language support: The Paid Family Leave Helpline offers interpretation in over 200 languages at 844-337-6303.

Frequently Overlooked Details

• Self-employed workers: Business owners who are officers of a corporation with no other employees can voluntarily opt into coverage. Submit Form DB-129 to a carrier and pay both employer and employee portions.
• Unions and collective bargaining agreements: Employers with CBAs can provide benefits through the agreement as long as they meet or exceed statutory minimums.
• Reinstatement rights: If you believe your employer retaliated, file a request for arbitration with the Workers’ Compensation Board within two years.
• Documentation expiration: Medical certifications are valid for the period stated by the provider. If the condition persists, obtain updated certifications.

Example Scenarios

• Adoptive parents: Sarah and Miguel adopted a child in May. Sarah took 12 weeks immediately while Miguel split his leave into two six-week segments to cover medical appointments and transitions. Both submitted adoption placement documents with their claims.
• Caregiver with intermittent leave: Priya’s father had heart surgery. His cardiologist completed Form PFL-4 authorizing her to provide care three days per week for eight weeks. Priya scheduled PFL days around her work shifts and only received benefits for days she missed work.
• Military deployment: Jordan’s spouse received deployment orders with two weeks’ notice. Jordan took four weeks of PFL to arrange childcare and attend briefings. Jordan provided Form PFL-5 and a copy of the orders; the claim was approved in 10 days.

Avoiding Denials

• Complete employer section promptly: Your employer must fill out Part B of Form PFL-1. Follow up if they delay; you can submit the form with proof of your request if the employer refuses.
• Submit on time: Missing the 30-day window is a common reason for denial. If extenuating circumstances (hospitalization) prevented timely filing, include a written explanation.
• Provide legible documents: Ensure scans are clear and include all pages. Carriers can deny claims if documentation is illegible or incomplete.

Appeals Process

If denied, you can request arbitration with the Workers’ Compensation Board within 26 weeks. Provide copies of your claim, denial letter, and supporting evidence. Hearings are typically conducted virtually. If you disagree with the arbitrator’s decision, you may seek judicial review in state court.

Resources for Assistance

• New York Paid Family Leave official site
• Request forms and instructions
• Employer toolkits
• Employee guidebook
• Helpline: 844-337-6303

Additional Planning Tips

• Budgeting: Estimate your weekly benefit and compare it to expenses. Consider building a short-term emergency fund or temporarily reducing nonessential spending.
• Career development: Discuss with your employer opportunities to stay connected (e.g., attending key meetings) if desired. Maintaining communication helps ease reentry.
• Care coordination: For caregiving leaves, involve other family members and community supports. Use the leave to set up long-term care arrangements if the condition is chronic.
• Recordkeeping: Keep a leave binder with claim forms, correspondence, benefit statements, and medical notes. This helps resolve disputes and supports future claims.