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New York Leave of Absence (FMLA): What you need to know

Some states have comprehensive laws that require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness, but New York does not have such a law. However, New York employers with 50 or more employees are likely covered by the federal Family and Medical Leave Act.
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The New York Marriage Equality Act gives same-sex couples the right to marry (NY Dom. Rel. Law Sec. 10-a). Under the Act, a marriage that is otherwise valid is legally recognized regardless of whether the parties to the marriage are of the same or different sex. The same rights, benefits, privileges, protections, and responsibilities under state law apply to married same-sex couples and opposite-sex couples.
Interaction with federal FMLA. Under the federal FMLA, a covered "spouse" is a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides. The U.S. Supreme Court’s 2013 decision in United States v. Windsor (S.Ct. No. 12-307, June 26, 2013)held that the federal Defense of Marriage Act’s (DOMA) definition of "marriage" as a legal union between one man and one woman is unconstitutional. Because marriages between same-sex couples are recognized in the state of New York, the federal FMLA’s definition of a “spouse” will apply to employees in a same-sex marriage who reside in the state.
If a private employer or government agency voluntarily offers paternity or maternity leave to employees following the birth of a child, leave must also be offered on the same terms and with the same benefits to employees who adopt a child. However, adoptive parents are not entitled to such ...

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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