New York Paid Family Leave (NY PFL)

Leave for Your Own Health Condition

If you need time off work because of your own illness, injury, or medical condition in New York, your primary source of paid benefits is the New York Disability Benefits Law (DBL). DBL provides short-term cash benefits equal to 50% of your average weekly wages (capped at $170 per week) for up to 26 weeks. This covers any off-the-job illness or injury that keeps you from doing your regular work, including surgery recovery, a broken bone, a flare-up of a chronic condition, or a mental health crisis. DBL is funded through a combination of employee payroll deductions and employer contributions (N.Y. Workers' Comp. Law Art. 9, Sections 200-242).

One common point of confusion: New York Paid Family Leave (PFL) does not cover your own medical condition. PFL is only for caring for others, bonding with a child, or military family needs. If you are too sick to work, DBL is the correct program. You file a DBL claim using Form DB-450 through your employer's disability insurance carrier.

For job protection during your own medical leave, you will need to look to the federal Family and Medical Leave Act (FMLA). If your employer has 50 or more employees within 75 miles and you have worked there for at least 12 months (with 1,250+ hours in the past year), FMLA provides up to 12 weeks of unpaid, job-protected leave for a serious health condition (29 U.S.C. 2612). Your employer must maintain your group health insurance during FMLA leave on the same terms as if you were still working (29 C.F.R. 825.209). You can collect DBL payments during your FMLA leave, giving you both income and job protection at the same time.

Mental health conditions are fully covered under all of these programs. DBL covers time off for conditions like major depression, severe anxiety, PTSD, or bipolar disorder, just as it covers physical conditions. Under FMLA, mental health conditions qualify as a "serious health condition" when they involve inpatient care or continuing treatment by a health care provider (29 C.F.R. 825.113). You do not need to disclose your specific diagnosis to your employer. The medical certification form (WH-380-E for FMLA, or Part B of Form DB-450 for DBL) goes to the insurance carrier or HR department, not your direct supervisor.

The NY Human Rights Law (Executive Law Article 15, Sections 290-301) adds another layer of protection. It requires employers with 4 or more employees to provide reasonable accommodations for disabilities, including mental health conditions. New York defines "disability" more broadly than the federal ADA, covering any physical, mental, or medical impairment that limits normal activities. This means conditions that might not meet the stricter federal ADA definition could still be protected under state law. Reasonable accommodations might include a modified work schedule, a temporary reduction in duties, extra breaks, or permission to work from home during recovery. Your employer must engage in a good-faith interactive process to identify accommodations, and can only deny a request if it would create an undue hardship on the business.

For workers in New York City, the NYC Human Rights Law (Admin. Code Title 8) goes even further, using the broadest definition of disability among federal, state, and city law. It applies to employers with 4 or more employees and covers freelancers and independent contractors as well.

Leave to Care for a Family Member

When a family member has a serious health condition and needs your care, New York Paid Family Leave (PFL) is the primary benefit. PFL provides up to 12 weeks of job-protected, paid leave at 67% of your average weekly wage, capped at 67% of the Statewide Average Weekly Wage. The program is funded entirely by employee payroll deductions, so your employer bears no direct cost for PFL benefits.

New York defines "family member" broadly for PFL purposes. Covered relationships include your:

• Spouse or domestic partner
• Child (biological, adopted, or foster child, regardless of age)
• Parent or parent-in-law
• Grandparent or grandchild
• Sibling (including half-siblings and step-siblings)

This broader definition is a major advantage over federal FMLA, which limits covered family members to a spouse, parent, or child under 18 (or an adult child incapable of self-care). Under NY PFL, you can take paid leave to care for an aging grandparent, a sibling going through cancer treatment, or an adult child recovering from surgery. The family member does not need to live with you or be financially dependent on you.

A "serious health condition" under PFL means an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. You will need your family member's health care provider to complete Form PFL-4 (Health Care Provider Certification) to document the condition and your need to provide care. "Care" is interpreted broadly and includes physical care, emotional support, transportation to medical appointments, and help arranging changes in care.

If you also qualify for federal FMLA leave (50+ employee employer, 12 months tenure, 1,250 hours worked), your PFL leave and FMLA leave will generally run at the same time. This means you get the wage replacement from PFL along with the job protection of both PFL and FMLA. Your combined PFL and FMLA leave for family care cannot exceed 12 weeks in a 52-week period. However, if your employer is too small for FMLA (fewer than 50 employees), PFL still applies because it covers virtually all private-sector employers in New York, regardless of size. In that case, PFL provides both your wage replacement and your job protection.

PFL also covers military family leave when a spouse, domestic partner, child, or parent is deployed abroad or has been notified of an impending call to active duty. The qualifying reasons mirror those available under federal FMLA's military family leave provisions, including making childcare or financial arrangements, attending military events, or dealing with the practical demands of deployment.

Leave for Pregnancy, Childbirth, and Bonding

New York offers one of the strongest combinations of pregnancy and parental leave protections in the country by allowing employees to stack Disability Benefits (DBL) and Paid Family Leave (PFL) back to back. Here is how these programs work together.

During pregnancy disability (the period when you are medically unable to work due to pregnancy or childbirth recovery), you are covered by DBL. This typically provides up to 26 weeks of benefits at 50% of your average weekly wages (capped at $170/week). For a normal vaginal delivery, doctors typically certify 6-8 weeks of disability. For a cesarean section, the certified period is usually 8-10 weeks. Complications like preeclampsia, gestational diabetes requiring bed rest, or severe postpartum depression can extend the disability period further.

Once your doctor clears you to return to work (meaning you are no longer "disabled"), your DBL benefits end. At that point, you can begin PFL bonding leave for up to 12 weeks at 67% of your average weekly wage. PFL bonding leave must be taken within the first 12 months after the child's birth (or adoption or foster placement). This means a New York employee who gives birth could receive roughly 18-22 weeks of paid leave total: 6-10 weeks of DBL for physical recovery, followed by 12 weeks of PFL for bonding.

The federal Pregnant Workers Fairness Act (PWFA), which took effect in June 2023 (42 U.S.C. 2000gg), adds another protection for pregnant employees in New York. The PWFA requires employers with 15+ employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. Unlike the ADA, the PWFA does not require the employee's condition to rise to the level of a "disability." Accommodations might include more frequent breaks, temporary reassignment from physically demanding tasks, a modified schedule, or time off to recover from childbirth. The PWFA also includes an anti-forced-leave provision: your employer cannot force you to take leave if a reasonable accommodation would allow you to keep working (42 U.S.C. 2000gg-1(4)).

The NY Human Rights Law separately protects pregnant workers by treating pregnancy as a temporary disability for accommodation purposes (NY Exec. Law Section 296). Your employer must provide reasonable accommodations for pregnancy-related conditions. For workers in New York City, the NYC Human Rights Law goes further, requiring employers to accommodate pregnancy, childbirth, and related medical conditions regardless of whether they qualify as a "disability," and covering employers with as few as 4 employees.

For employees who also qualify under federal FMLA, your 12 weeks of FMLA leave can run concurrently with both your DBL disability period and your PFL bonding leave. This gives you federal job protection (same or equivalent position with equivalent pay and benefits) on top of the state-level protections. If your employer is too small for FMLA but you work in New York, PFL still provides its own job-protection guarantee.

Fathers, adoptive parents, and foster parents are also eligible for PFL bonding leave on the same terms: 12 weeks at 67% of the average weekly wage. The non-birthing parent does not receive DBL (since they are not physically disabled by the birth), but they are entitled to the full 12 weeks of PFL bonding leave within 12 months of the child's birth, adoption, or foster care placement.

Returning to Work and Job Protections

New York law guarantees that employees who take PFL are entitled to return to the same or a comparable position with the same pay, benefits, and seniority. Your employer must continue your health insurance on the same terms during your PFL leave, just as FMLA requires (N.Y. Workers' Comp. Law Section 203-a). If your employer replaces you or eliminates your position while you are on PFL, they must offer you a comparable position unless they can demonstrate the elimination was completely unrelated to your leave.

If you experience retaliation for taking or requesting PFL, New York provides a specific enforcement mechanism. First, submit Form PFL-DC-119 (Formal Request for Reinstatement Regarding Paid Family Leave) to your employer. If they do not respond within 30 days, or if you are unsatisfied with the response, you can file Form PFL-DC-120 (Discrimination Complaint Regarding Paid Family Leave) with the Workers' Compensation Board. The Board investigates these complaints and can order reinstatement, back pay, and other remedies.

For employees returning from FMLA leave, federal law requires reinstatement to the same or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment (29 C.F.R. 825.214). If your health condition is ongoing after FMLA leave is exhausted, you are not automatically out of options. The ADA (and New York's Human Rights Law) may require your employer to provide additional leave or workplace modifications as a reasonable accommodation. Courts have recognized that an FMLA leave request can trigger an employer's duty to consider ADA accommodations once the FMLA entitlement runs out (29 C.F.R. 825.702(c)(3)-(4)). A short extension of leave beyond the 12-week FMLA period may be a required reasonable accommodation under the ADA or NY Human Rights Law, as long as it does not create an undue hardship for the employer.

Your employer may request a fitness-for-duty certification before you return from FMLA leave, but only if the employer's policy applies uniformly to all employees in similar situations, and only for the condition that caused your leave (29 C.F.R. 825.312). If the employer requires a fitness-for-duty certification related to essential job functions, they must have provided you with a list of those essential functions when you first received your FMLA designation notice. Your employer cannot impose additional medical requirements beyond what is permitted by law.

Paid vs. Unpaid Leave Options

New York employees benefit from multiple overlapping leave programs, some paid and some unpaid. Understanding how they fit together can help you maximize both your income and your job protection during time away from work.

Paid Family Leave (PFL) pays 67% of your average weekly wage, capped at 67% of the Statewide Average Weekly Wage. For 2026, the maximum weekly PFL benefit is $1,228.53 (based on a Statewide Average Weekly Wage of $1,833.63). PFL is available for up to 12 weeks for bonding, caregiving, or military family leave. It covers virtually all private-sector employees who have worked for their employer for 26 or more consecutive weeks (or 175 days for part-time workers who average fewer than 20 hours per week).

Disability Benefits (DBL) pays 50% of your average weekly wage, capped at $170 per week, for up to 26 weeks. The cap means DBL provides significantly less income than PFL. DBL covers your own off-the-job illness, injury, or pregnancy disability. There is a 7-day waiting period before DBL benefits begin (benefits start on the 8th consecutive day of disability). PFL has no waiting period. You generally cannot collect PFL and DBL at the same time, but you can use them back to back (for example, DBL during pregnancy recovery, then PFL for bonding).

Paid Sick and Safe Leave (NY Labor Law Section 196-b) provides a baseline of paid time off that all New York employers must offer. The amount depends on employer size: employers with 100 or more employees must provide 56 hours of paid sick leave per year; employers with 5-99 employees must provide 40 hours of paid sick leave; and employers with 4 or fewer employees must provide 40 hours of unpaid sick leave (or paid if net income exceeds $1 million). "Safe leave" covers absences related to domestic violence, family offenses, sexual offenses, stalking, or human trafficking.

Federal FMLA provides up to 12 weeks of unpaid, job-protected leave per year for eligible employees at covered employers. While FMLA itself does not pay anything, you can (and should) layer it with PFL or DBL to get both income and job protection. Your employer can also allow you to substitute accrued paid time off (vacation, sick time, personal days) for FMLA leave. Some employers require this substitution.

Here is a practical example of how these programs can stack. Suppose you need surgery and expect a 10-week recovery. If you qualify for both FMLA and DBL, you would collect DBL payments (50% of wages up to $170/week) for those 10 weeks, while also using 10 weeks of your 12-week FMLA entitlement for job protection. You could supplement with accrued vacation or sick time if your employer allows it. If your employer also offers short-term disability insurance (a private policy on top of DBL), that policy might pay a higher percentage of your wages. Check with your HR department to understand the full picture.

For many New York workers, especially those at smaller employers not covered by FMLA, PFL is the most important benefit. It covers employers of all sizes in the private sector. Even a one-person employer must provide PFL coverage to employees who meet the eligibility requirements. This means that workers at small businesses who cannot get FMLA job protection still have access to paid, job-protected leave under PFL for qualifying family reasons.