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Protected Leave in New York: FMLA, Paid Family Leave, and Sick Leave Rights

New York workers have some of the strongest leave rights in the country. Here is what you are entitled to — and what your employer cannot do when you take it.

7 min read
·Written by Sean O'Hara, Employment Attorney

Family and Medical Leave Act (FMLA)

The FMLA entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per year for: the birth, adoption, or foster placement of a child; the serious health condition of the employee or an immediate family member; or qualifying exigencies related to a family member's military service. To be eligible, you must have worked for your employer for at least 12 months and at least 1,250 hours in the past year, and your employer must have 50 or more employees within 75 miles.

FMLA leave is job-protected — your employer must restore you to the same or an equivalent position when you return. Interference with FMLA rights or retaliation for taking FMLA leave is unlawful.

New York Paid Family Leave (PFL)

New York's Paid Family Leave Law provides eligible employees with up to 12 weeks of paid, job-protected leave to bond with a newly born, adopted, or fostered child; care for a seriously ill family member; or assist when a family member is deployed abroad on active military service. In 2026, PFL pays up to 67% of the statewide average weekly wage.

PFL covers most private-sector employees who have worked for their employer for at least 26 consecutive weeks (or 175 days for part-time employees). Unlike the FMLA, PFL does not require a minimum employer size. Your employer cannot terminate you or reduce your benefits for taking PFL.

New York Paid Sick Leave

New York State requires employers with 100 or more employees to provide up to 56 hours of paid sick leave per year. Employers with 5 to 99 employees must provide up to 40 hours of paid sick leave. Smaller employers must provide unpaid sick leave. New York City's Earned Safe and Sick Time Act provides additional protections for NYC workers.

Sick leave can be used for your own illness or preventive care, care for a family member, or for safe leave purposes (domestic violence, sexual assault, stalking, or human trafficking). Your employer cannot retaliate against you for using sick leave.

What to Do If Your Leave Is Denied or You Face Retaliation

If your employer denies a leave request you believe you are entitled to, request the denial in writing and ask for the reason. If you are terminated, demoted, or otherwise penalized for taking or requesting protected leave, you may have a retaliation claim under the FMLA, the PFL Law, or the New York Labor Law.

FMLA retaliation claims must be filed within two years (three years for willful violations). Contact an employment attorney promptly — leave retaliation cases often involve complex interactions between multiple statutes, and the facts matter enormously.

Disclaimer: This guide is for general informational purposes only and does not constitute legal advice. Reading this material does not create an attorney-client relationship. Laws change; consult an attorney about your specific situation.

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