Professional market

FMLA: New York

This guide provides an in‑depth review of New York family and medical leave requirements, including paid family leave, paid family military leave, temporary disability benefits, adoption leave, and leave as a pregnancy accommodation.

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by Jean L. Schmidt, Littler

Summary

This guide provides an in-depth review of New York family and medical leave requirements, including paid family leave and unpaid family military leave, and an overview of temporary disability benefits, adoption leave and leave as a pregnancy accommodation.

In this guide, learn about:

  • Family and medical leave
    • Same‑sex marriage
    • Individual liability under the FMLA
  • Temporary disability insurance
  • Paid family leave
    • Employer coverage
    • Employee eligibility
    • Qualifying reasons for leave
    • Benefit amounts
    • Nonduplication of benefits
    • Waivers
    • Filing benefits claims
    • Changes in employment
    • Employee notice requirements
    • Employee certification requirements
    • Employer notice and posting requirements
    • Reinstatement
    • Prohibited actions
    • Interaction with other laws and policies
    • Enforcement
  • Pregnancy leave and accommodation
  • Adoption leave
  • Family military leave
    • Employer coverage
    • Employee eligibility
    • Purpose and length of leave
    • Prohibited actions
    • New York City pregnancy leave and accommodation
    • Suffolk County pregnancy leave and accommodation
    • Westchester County pregnancy leave and accommodation
  • Interaction of leave laws
  • Future developments
    • Construction workers entitled to paid family leave benefits

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Jurisdiction: New York

Latest updates

Updated to reflect additional forthcoming amendments regarding construction employee eligibility requirements and health benefits under the paid family leave law.

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About the author

Littler

Littler, the largest global employment and labor law practice, exclusively represents the global employer community in all aspects of employment and labor law. Littler litigates, mediates and negotiates some of the most influential employment law cases and labor contracts on record.

Littler’s practice areas are extensive and their expertise crosses over multiple industries and spans a wide array of employment law areas such as discrimination and harassment, labor management relations, executive compensation, ERISA and benefit plan litigation, leaves of absence and disability accommodation, hiring, performance management and termination, employment practices audits and wage and hour.

Littler is the exclusive author of Brightmine’s prestigious Employee Handbook. Their experience with preparing employee handbooks and their ongoing contributions to Brightmine in the areas of federal and state leaves of absence, disabilities and multistate employer issues made them a natural fit to partner with us on the creation of a robust set of model handbook policy statements and guidance for federal, state and key municipalities.

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