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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

Summary

  • New York does not currently require state family and medical leave for employees of private employers. See Family and Medical Leave.
  • An employee may be eligible for temporary disability benefits while on leave under the federal Family and Medical Leave Act. See Temporary Disability Insurance.
  • Employers 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.
  • 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 whose spouse is deployed during a period of military conflict or is on leave from active duty. See New York Military Spouse Leave.
  • 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).