FMLA leave in New York is unpaid on its own, but you don’t have to go without a paycheck. The federal Family and Medical Leave Act only guarantees job protection, not wages. New York’s Paid Family Leave (PFL) program fills that gap for most private-sector workers, paying up to $1,228.53 per week in 2026 while you bond with a new child, care for a seriously ill family member, or handle certain military family needs. When your reason for leave qualifies under both laws, PFL and FMLA typically run at the same time, so you get the federal job protection and a state-funded paycheck together.
One caveat matters up front: PFL does not cover your own illness or injury. If you’re the one who is sick, the paid benefit you’d use is New York’s short-term disability insurance (DBL), not PFL.1NY.Gov. Paid Family Leave and Other Benefits
How FMLA and Paid Family Leave Fit Together
FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave per year and keeps your group health benefits in place while you’re out.2U.S. Department of Labor. Family and Medical Leave Act It only applies to employers with 50 or more employees within 75 miles, and it never pays a wage.
New York PFL is a state insurance program funded entirely by employee payroll deductions.3Paid Family Leave. Benefits It covers nearly all private-sector employees regardless of employer size. Public employers can opt in but aren’t required to. When a single absence qualifies under both programs, they run concurrently, and PFL is where the money comes from.
What PFL Pays in 2026
PFL replaces 67% of your average weekly wage, capped at 67% of the New York State Average Weekly Wage. For 2026, that maximum weekly benefit is $1,228.53.4New York State Paid Family Leave. New York State Paid Family Leave You can collect the benefit for up to 12 weeks in a 52-week period. If your average weekly wage runs above roughly $1,834, you’ll hit the cap. If it’s below $100, you receive your full wages.
You pay for the program through a small payroll deduction. In 2026, the contribution rate is 0.432% of your gross wages per pay period, with an annual maximum of $411.91.5NYS Paid Family Leave. Employee Notice of PFL Deduction for 2026 Your employer contributes nothing to the cost.
Taxes on Your PFL Benefits
PFL payments are taxable income on your federal return, and taxes are not withheld automatically.6New York State Department of Taxation and Finance. New York State Paid Family Leave You can request voluntary withholding when you file, but if you skip that step, set money aside. Twelve weeks at the maximum rate is over $14,700 of gross income, so the tax bill isn’t small.
Why PFL Won’t Pay You for Your Own Illness
This is the biggest source of confusion. FMLA covers your own serious health condition; PFL does not. If you’re taking FMLA because you’re the one who is sick or injured, PFL benefits don’t apply, and you’d look to short-term disability (DBL) instead.1NY.Gov. Paid Family Leave and Other Benefits
For new mothers, this creates a two-step benefit. DBL covers the physical recovery from childbirth, typically six to eight weeks. Once you’re medically cleared, PFL picks up for bonding time. The two programs can’t run at the same time; they must be used back-to-back, and the combined cap is 26 weeks of DBL and PFL in any 52-week period.1NY.Gov. Paid Family Leave and Other Benefits Each program requires its own application. File the disability claim first, then submit the PFL claim when you’re ready for bonding leave.
Who Qualifies for the Paid Benefit
Eligibility depends on how much you work, not how much you earn:
- If you work 20 or more hours per week, you’re eligible after 26 consecutive weeks with your current employer.
- If you work fewer than 20 hours per week, you’re eligible after 175 days of work for your employer. Those days don’t have to be consecutive.
These rules cover nearly all private-sector employers in New York regardless of size. Eligibility follows where you actually perform the work, not where you live, so a New Jersey resident working in New York qualifies, while a New York resident who telecommutes for a New York employer from another state generally does not.7Paid Family Leave. Eligibility
Reasons That Qualify for Paid Leave
PFL pays for three categories of leave.
Bonding with a new child. Available anytime within the first 12 months after birth, adoption, or foster placement.8NY.gov. Paid Family Leave for Bonding Both parents are independently eligible, so two working parents in New York can each take their own 12 weeks.
Caring for a family member with a serious health condition. The condition must be certified by a healthcare provider. New York defines family broadly: spouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild, and sibling, including step and half relationships.9Governor Kathy Hochul. Governor Hochul Signs Legislation Expanding New York State’s Paid Family Leave The family member doesn’t have to live in New York or in the United States.
Military family needs. Available when a spouse, domestic partner, child, or parent is deployed abroad on active military duty, covering practical matters like arranging childcare, attending military events, and handling deployment-related legal or financial affairs.
You can also take these 12 weeks intermittently in full-day increments rather than in one block.10NY.Gov. Paid Family Leave for Family Care
How to File and Get Paid
Your PFL claim goes to your employer’s insurance carrier, not to your employer directly or to the state. Complete Part A of the Request for Paid Family Leave (Form PFL-1), then give it to your employer to fill in Part B. Add the supplemental form that matches your reason for leave:
- Bonding: Form PFL-2, plus proof of birth, adoption, or foster placement.
- Family care: Form PFL-4, completed by the family member’s doctor.
- Military qualifying event: Form PFL-5, with supporting military documentation.
If your leave is foreseeable, give your employer at least 30 days’ advance notice.11Legal Information Institute. New York Comp. Codes R. and Regs. Tit. 12 380-3.1 – Employee Notice Requirements for Paid Family Leave For unexpected leave, notify them as soon as you can. Missing the 30-day window doesn’t disqualify you, but it can delay payment.
Once the carrier has a completed application, it has 18 calendar days to approve and pay, or deny.12Paid Family Leave. Handling Requests That clock starts on the later of two dates: when the carrier receives the paperwork, or your first day of leave.
Job Protection While You’re on Leave
After your PFL ends, your employer must return you to the same job or a comparable one with equivalent pay, benefits, and seniority. Your health insurance continues on the same terms as if you were still working, meaning you keep paying your share of premiums.13Paid Family Leave. Your Rights and Protections
Employers cannot retaliate against you for requesting or using PFL. Retaliation includes termination, demotion, pay cuts, reduced hours, or disciplinary action tied to your leave. If it happens, the process starts with a Formal Request for Reinstatement (Form PFL-DC-119) to your employer, who has 30 calendar days to respond. If they refuse or you’re unsatisfied, you can file a discrimination complaint (Form PFL-DC-120) with the Workers’ Compensation Board, which schedules a hearing within 45 calendar days. Remedies can include reinstatement, back pay, attorney’s fees, and penalties.13Paid Family Leave. Your Rights and Protections
If the Carrier Denies Your Claim
A denial isn’t the end of the road. You can request arbitration through the Workers’ Compensation Board’s dispute resolution process within 26 weeks of receiving the written denial. If your eligibility itself isn’t in dispute and the fight is between carriers or employers over who is responsible, you’re entitled to receive benefit payments while that dispute plays out.