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FMLA: New York

FMLA requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jean L. Schmidt, Littler


  • New York does not currently require state family and medical leave for employees of private employers. See Family and Medical Leave.
  • Under the New York Military Spouse Leave law, employers with 20 or more employees at one or more worksites must provide unpaid leave to eligible employees. See Covered Employers.
  • An employee who works an average of 20 or more hours per week at any site owned or operated by the employer is eligible to take family military leave. See Employee Eligibility.
  • Military Spouse Leave Law does not entitle an employer to advance notice of the employee's leave. See Notice Requirements.
  • Covered employers (those with four or more employees) must provide pregnancy leave to the same extent they offer leaves for other disabilities. New York law also requires that to the extent employers allow employees to take a leave of absence for the birth of a child, the employer must provide the same option (upon the start of the parent-child relationship) to employees who adopt a child. See Pregnancy Leave; Adoptive Parents.
  • Certain New York City employers must provide eligible employees with up to five paid sick days per calendar year. See New York City Earned Sick Time Act (Paid Sick Leave Law, the Sick Time Act or the ESTA).