The below content should be reviewed in conjunction with the in-depth federal coverage of this topic provided above.

Author: Susan A. P. Woodhouse, Littler Mendelson, PC

Summary

  • New York does not currently require state family and medical leave for employees of private-sector 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.
  • New York law requires covered employers to provide up to 10 days of unpaid leave to a covered employee with a spouse who is a member of the Armed Forces of the United States, National Guard, or Reserve, who is deployed during a period of military conflict, to a combat theater or combat zone of operations. See Purpose and Length of Leave.
  • Military Spouse Leave Law does not entitle an employer to advance notice of the employee's leave. See Notice Requirements.
  • Covered employers (those with 4 or more employees) must also provide pregnancy leave to the same extent it offers 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.