New York State Family Medical Leave Act Laws

you, your family
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The federal Family and Medical Leave Act (FMLA) is protection for you and your family. FMLA applies not only to private sector employers but also to public agencies that include state, local and federal employers. FMLA applies to employers who have at least 50 employees in 20 or more weeks in the current or preceding calendar year. Generally, employees seek FMLA for personal medical reasons or regarding the health of immediate relatives.


For an employee to be eligible for FMLA, first the employee must work for a covered employer, such as a state or federal agency. Second, the employee must have worked at least 1,250 hours in 12 months for the same employer. Last, an employee must work for an employer within 75 miles of an area where 50 or more employees are employed.

Paid Leave

The FMLA state provision in New York is a paid leave up to 26 weeks in a 12-month period for employees who become temporarily disabled for medical reasons. The paid leave may also include pregnancy and childbirth. If an employee becomes temporarily disabled or requires leave due to a pregnancy or childbirth, the employee is then eligible to receive partial wage replacement through state temporary disability insurance.

Read More: FMLA Regulations for Intermittent Leave

Unpaid Leave

In the state of New York, FMLA requires employers with at least 50 employees to provide an unpaid, job-protected leave for up to 12 weeks. To be eligible for FMLA, employees must have worked at least 12 months and for 1,250 hours. FMLA in New York usually takes effect for an employee if a personal, serious health condition arises; the employee is in the military and called to duty or injured in the line of duty; the employee has a newborn, newly adopted child or foster child; or the employee has a parent, spouse or child with a serious illness.

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