Other Leaves: New York
Federal law and guidance on this subject should be reviewed together with this section.
Author: Jessica Sussman
- New York state law provides various leaves in addition to those leaves granted by federal law. See New York - Leaves of Absence.
- New York currently does not require state family and medical leave for private sector employees. See Family and Medical Leave of Absence.
- All employers in New York that permit employees to take a leave of absence for the birth of a child must also provide the same time off to employees who adopt a child. See Adoption Leave.
- New York's Human Rights Law prohibits sex discrimination and bans employment policies that treat pregnancy and childbirth less favorably than other instances of physical or medical impairment. See Pregnancy Disability Leave.
- New York employers are required to permit employees the opportunity to vote if the employee's work schedule make it impossible for them to vote outside of working hours. See Voting Leave.
- New York employers may not terminate an employee for an employee's jury service or for attendance in connection with such service. See Jury Duty Leave.
- New York private employers with 20 or more employees in at least one worksite must provide a leave of absence to an employee to donate bone marrow. See Bone Marrow Donation Leave.
- Employers must also notify employees in writing of their right to take blood donation leave. Such notification must be made in a way that ensures employees will see it. See Blood Donation Leave.
- An employer must grant a leave of absence to an employee performing duties as a volunteer firefighter or member of a volunteer ambulance service during a declared emergency. See Emergency Responder Leave.
- New York employers must provide nursing mothers a reasonable unpaid break time or permit the use of paid break or meal time so they may express breast milk for their nursing child, for up to three years following the child's birth. See Nursing Mothers.
- New York Human Rights Law prohibits employers from requiring employees to forgo a religious observance as a condition of employment. See Leave for Religious Purposes.
- Most employers operating a factory, mercantile establishment, hotel, restaurant, theater or elevator (with limited exceptions) are required to allow employees at least 24 consecutive hours of rest in any calendar week. See One Day of Rest in Seven.
- New York City employers with four or more employees may not refuse to provide a reasonable accommodation to an employee due to pregnancy (including a healthy nondisabling pregnancy), childbirth or a related medical condition, if the employee requests an accommodation and the employer knows about the pregnancy or related medical condition, absent certain limited exceptions (e.g., undue hardship). See Pregnant Workers.
- New York City employees who are victims of domestic violence are entitled to unpaid leave for certain purposes. See Domestic Violence Leave.
- New York City private employers with five or more employees must provide eligible employees with up to five paid sick days every calendar year. See Earned Sick Time Act (Paid Sick Leave Law, the Sick Time Act or the ESTA).
- Public employers have greater obligations when it comes to granting leave. See Public Employers.