Do Fathers Get Paid Paternity Leave in New York?

Fathers in New York can get paid paternity leave through the state’s Paid Family Leave (PFL) program. In 2026, eligible fathers receive 67% of their average weekly wage, up to a maximum of $1,228.53 per week, for up to 12 weeks to bond with a newborn, newly adopted, or newly fostered child.1New York State Paid Family Leave. New York Paid Family Leave Updates for 2026 The leave is job-protected, and it’s funded almost entirely through small payroll deductions from your own paycheck.

Who Qualifies

Eligibility turns on how many hours you work. If you regularly work 20 or more hours per week, you qualify after 26 consecutive weeks with the same employer. If you work fewer than 20 hours per week, you qualify after 175 days worked for that employer, and those days don’t have to be consecutive.2New York State Paid Family Leave. Paid Family Leave and Other Benefits The word “consecutive” in the 26-week rule matters. A gap in employment can reset the clock.

Nearly every private-sector employer in New York must provide PFL coverage. A private employer with one or more employees working on at least 30 days in a calendar year becomes a covered employer four weeks after that 30th day.3New York State Paid Family Leave. Private Employer Coverage Requirements

Public employers are the exception. State agencies, counties, and municipalities are not automatically covered, though they can opt in voluntarily. If the workforce is unionized, the public employer must collectively bargain before opting in for those workers.4New York State Paid Family Leave. Public Employers If you work for a public employer, check with HR before assuming you’re covered.

What You’ll Be Paid in 2026

The weekly benefit is 67% of your average weekly wage, capped at 67% of the New York State Average Weekly Wage. For 2026, that statewide average is $1,833.63, so the maximum weekly benefit is $1,228.53.1New York State Paid Family Leave. New York Paid Family Leave Updates for 2026 Earn less than the statewide average and you’ll get 67% of your own pay. Earn more, and the cap kicks in.

You fund the program yourself through payroll deductions. In 2026, the deduction is 0.432% of your gross wages per pay period, with a maximum annual contribution of $411.91.1New York State Paid Family Leave. New York Paid Family Leave Updates for 2026 At a $75,000 salary, that’s about $324 a year, or a little over $6 per week.

How Much Time You Can Take and When

You can take up to 12 weeks of paid bonding leave, and it has to be used within the first 12 months after the child’s birth, adoption, or foster care placement. You can take it in one continuous stretch or break it up, but intermittent leave must be taken in full-day increments.5New York State Paid Family Leave. Bonding Leave for the Birth of a Child

Both parents can take PFL for the same child. If you and your partner work for different employers, there’s no conflict. If you share the same employer, you can still both take leave at the same time unless your employer objects.5New York State Paid Family Leave. Bonding Leave for the Birth of a Child

One boundary to be aware of: PFL and New York short-term disability benefits share a combined cap of 26 weeks in any 52-week period. That mainly affects the birth mother, but if you have a separate disability claim in the same year, the cap applies to you too.6New York State Workers’ Compensation Board. Introduction to the Disability Benefits Law

Job and Health Insurance Protection

When you return from PFL, your employer must restore you to the same position or a comparable one with equivalent pay, benefits, and terms. Benefits you accrued before the leave are preserved.7New York State Senate. New York Workers Compensation Code WKC Article 9 203-B – Reinstatement Following Family Leave Your employer must also keep your health insurance in place during the leave on the same terms as before. You continue to pay your share of the premium.

If your employer retaliates against you for taking PFL — through termination, demotion, or any other form of discrimination — you can file a discrimination claim (Form DC-120) with the Workers’ Compensation Board within two years of the retaliatory action. If the Board rules in your favor, it can order reinstatement and payment of lost compensation.8New York State Workers’ Compensation Board. Workers’ Compensation Discrimination Claim

How PFL Interacts With FMLA and PTO

If your employer is covered under both New York PFL and the federal Family and Medical Leave Act, your employer can require the two leaves to run concurrently rather than back-to-back. To do that, your employer has to notify you that the leave qualifies under both laws and designate it as concurrent.2New York State Paid Family Leave. Paid Family Leave and Other Benefits You still get 12 weeks total, but PFL pays you during that stretch instead of the time being unpaid.

The paid-time-off rules shift depending on which leave you’re on. Under PFL alone, your employer cannot force you to burn vacation or sick days. Under FMLA, your employer can. When both leaves run concurrently, the FMLA rule controls, so your employer may require you to substitute accrued PTO.2New York State Paid Family Leave. Paid Family Leave and Other Benefits

How to Apply

Give your employer at least 30 days’ notice if you know the due date or when an adoption will finalize. If the timing is unpredictable, notify them as soon as you can.9New York State Paid Family Leave. Handling Requests

Two forms carry the claim. The Request for Paid Family Leave (Form PFL-1) is filled out in two parts: you complete Part A, then hand it to your employer, who completes Part B and returns it to you within three business days.10New York State. Applying For Paid Family Leave The Bonding Certification (Form PFL-2) covers information about your child and your relationship, along with supporting documents like a birth certificate or a certification of birth from a healthcare provider.

Once both forms are complete, you submit the whole package to your employer’s PFL insurance carrier, not to your employer. Send it in within 30 days after your first day of leave to avoid losing benefits.11NYSIF. About Your Paid Family Leave Claim The carrier then has 18 calendar days from the later of receiving your completed request or your first day of leave to approve and pay or deny.9New York State Paid Family Leave. Handling Requests

If Your Claim Is Denied

A denial has to come with the reason in writing. From that date, you have 26 weeks to request independent arbitration. The request must follow the format prescribed by the Workers’ Compensation Board chair, and you must send a copy to the other parties involved in the claim.12New York Codes, Rules and Regulations. 12 CRR-NY 380-9.3 – Requests for Arbitration If you think the denial is wrong, don’t let the window close.

Self-Employed Fathers

Sole proprietors and independent contractors aren’t automatically covered but can opt in. You have to buy PFL and disability insurance together; PFL alone isn’t sold.13New York State Paid Family Leave. Self-Employed Individuals

Timing is the trap. Opt in within 26 weeks of starting your business and you become eligible 26 weeks after obtaining coverage, with no extra waiting period. Wait past that 26-week window, and you face a two-year waiting period before you can collect.13New York State Paid Family Leave. Self-Employed Individuals If you’re self-employed and thinking about starting a family, that two-year delay is worth planning around.

Taxes on the Benefit

PFL benefits are taxable income. They count as part of your federal gross income, and taxes are not automatically withheld. You can request voluntary withholding if you’d rather not face a bigger bill at tax time. You’ll receive either a Form 1099-G or Form 1099-MISC showing what you were paid.14Tax.NY.gov. New York State Paid Family Leave At the 2026 maximum, 12 full weeks is close to $14,750 of taxable income that nobody has withheld a dollar from unless you asked.