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 currently have such a law. However, New York employers with 50 or more employees are likely covered by the federal Family and Medical Leave Act (FMLA).
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Effective January 1, 2018, all employees covered by the state’s temporary disability insurance law who have worked for an employer for 26 or more consecutive weeks will be eligible for paid family leave. The amount of leave and compensation, available through the state’s employee-funded system, will be phased in from January 1, 2018, through January 1, 2021. Employers are not required to provide compensation or to contribute to the state fund.
Amount of leave and compensation (phase in). Beginning on January 1, 2018, eligible employees will be entitled to a maximum of 8 weeks of leave during any 52-week period. Employees will be eligible for payment of 50% of the employee’s average weekly wages (not to exceed 50% of the state’s average weekly wage) during that time.
In 2019, the paid leave period will increase to 10 weeks, and compensation rates will increase to 55% of the employee’s average weekly wages. In 2020, an employee will be eligible for 60% of his or her average weekly wages.
On January 1, 2021, the benefit period will be capped at 12 weeks, and the payment of benefits will be capped at 67% of the employee’s average weekly wages (not to exceed 67% of the state’s average weekly wage).
Reasons for leave. Eligible employees will be able to take paid leave to bond with a new child (including an adopted or foster ...

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