Paid Family Leave in New York: 12 weeks of job-protected, partly paid leave

What is it?

Paid Family Leave is insurance, set up in Article 9 of the Workers' Compensation Law, that pays part of your wages while you take time off to care for family. Under § 201(15), family leave covers time off to care for a family member with a serious health condition; to bond with your child in the first 12 months after birth, adoption or foster placement; or for a qualifying military exigency when your spouse, domestic partner, child or parent is on (or called to) active duty.

PFL is not for your own illness or injury — that is covered by disability benefits. Family members are your child, parent, grandparent, grandchild, sibling, spouse or domestic partner (§ 201(20)); "parent" includes parents-in-law, stepparents and anyone who raised you (§ 201(19)).

Who qualifies?

Most employees of private employers in New York are covered. Under WCL § 203 and the PFL program's eligibility rules, you become eligible after 26 consecutive weeks with your employer if you regularly work 20 or more hours a week, or after 175 days worked (not necessarily in a row) if you regularly work fewer than 20 hours. Citizenship and immigration status don't matter. Domestic workers working 20+ hours a week for a private household are covered after 26 weeks.

Public employees are covered only if their employer opted in or it was negotiated in a union contract. Self-employed people and independent contractors can buy coverage voluntarily.

Exceptions

• Your own illness, injury or pregnancy complications are not PFL — see disability benefits.
• Some workers are excluded from coverage by law, such as clergy and people working in a professional or teaching capacity for a nonprofit; an employer may still cover them voluntarily.
• If you won't work long enough to qualify (for example, a short-term or seasonal job), your employer must offer you a waiver; if you sign it, you don't contribute and can't take PFL.
• PFL and disability benefits can't be paid at the same time, and together can't exceed 26 weeks in 52 weeks (WCL § 205(2)(a)).
• Bonding leave must be taken and completed within 12 months of the birth, adoption or placement.

How much?

Up to 12 weeks in any 52-week period, paid at 67% of your average weekly wage, but no more than 67% of the New York State Average Weekly Wage (WCL § 204(2)(a)). For leave that starts in 2026 the state average is $1,833.63, so the maximum is $1,228.53 a week. For leave that starts in 2027, the program lists a maximum of $1,287.91 a week. The minimum is $100 a week, or your full wages if you earn less than $100.

Employees usually pay for PFL through a small payroll deduction: 0.432% of gross wages in 2026, up to $411.91 for the year.

How is it calculated?

Take your average weekly wage — generally your last eight weeks of pay before leave, divided by eight — and multiply by 0.67. If the result is above the cap for the year your leave starts, you get the cap. The rate in effect on the first day of your leave applies for that leave. Examples from the PFL program for 2026: earning $600 a week pays about $402; $1,000 a week pays $670; $2,000 a week is capped at $1,228.53.

Intermittent leave is paid by the day: a day is one-fifth of the weekly benefit. If you average three workdays a week, you can take up to 36 days (3 × 12). PFL benefits are taxable, and tax isn't withheld unless you ask.

What documents do you need?

• Request for Paid Family Leave (Form PFL-1) — you fill in your part; your employer must complete its part and return it within three business days
• For family care: Health Care Provider Certification (Form PFL-4), completed by your family member's provider, and the release Form PFL-3, which stays with the provider
• For bonding: proof of the birth, adoption or foster placement, as listed in the bonding forms
• For military leave: proof of your family member's active-duty status, as listed in the military forms

How do you get it?

1. 1

   Tell your employer

   Give at least 30 days' notice if the leave is foreseeable; otherwise as soon as possible.

2. 2

   Find the insurance carrier

   Check the PFL poster at work, ask your employer, or use the employer search on the Workers' Compensation Board website. If you can't find it, call the PFL Helpline at (844) 337-6303.

3. 3

   Complete the forms

   Fill in your part of PFL-1 and give a copy to your employer. Get the medical certification or proof of the bonding or military event.

4. 4

   Submit to the carrier

   Mail or fax the package to your employer's carrier within 30 days after your leave starts. If your employer is uninsured, submit it to the Workers' Compensation Board.

5. 5

   Get paid

   In most cases the carrier must pay or deny within 18 days of receiving your complete request or your first day of leave, whichever is later; after that, payments come every two weeks.

What if they refuse?

If the carrier denies or partly denies your claim, or pays late, it must tell you why and how to request arbitration. PFL disputes are decided by an outside arbitrator (the program names National Arbitration and Mediation).

If your employer refuses to give you your job back or punishes you for asking for or taking PFL, the law entitles you to your same or a comparable job (WCL § 203-b) and forbids retaliation (WCL § 120). First file a Formal Request for Reinstatement (Form PFL-DC-119) with your employer and send a copy to the PFL program; the employer has 30 days to respond. If that doesn't work, file a Discrimination/Retaliation Complaint (Form PFL-DC-120). A Workers' Compensation Law Judge may order reinstatement, back pay, attorney's fees and a penalty of up to $500.

Deadlines

• Notice to your employer: 30 days before foreseeable leave, otherwise as soon as possible.
• Claim to the carrier: within 30 days after your leave starts, or you risk losing benefits.
• Bonding leave: completed within 12 months of the child's birth, adoption or placement.
• If more than three months pass between PFL days for the same reason, the next leave counts as a new claim and needs a new request.

Frequently asked questions

Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

• N.Y. Workers' Compensation Law (opens in a new tab)
  New York State Senate — Open Legislation (official text of the Consolidated Laws) · Art. 9: §§ 201(15), (19), (20); 203; 203-b; 204(2)(a); 205(2); 120 · Checked: October 30, 2026
  Definitions, eligibility, reinstatement, benefit level, limits, retaliation
• Paid Family Leave — Eligibility (opens in a new tab)
  New York State Paid Family Leave (NYS Workers' Compensation Board) · Checked: October 30, 2026
  Who is eligible and waivers
• Paid Family Leave — Benefits (opens in a new tab)
  New York State Paid Family Leave (NYS Workers' Compensation Board) · Checked: October 30, 2026
  Benefit formula, minimum, payment timing, taxes
• New York Paid Family Leave Updates for 2026 (opens in a new tab)
  New York State Paid Family Leave (NYS Workers' Compensation Board) · Checked: October 30, 2026
  2026 maximum weekly benefit and contributions
• New York Paid Family Leave Updates for 2027 (opens in a new tab)
  New York State Paid Family Leave (NYS Workers' Compensation Board) · Checked: October 30, 2026
  Maximum for leave starting in 2027
• Paid Family Leave for Family Care (opens in a new tab)
  New York State Paid Family Leave (NYS Workers' Compensation Board) · Checked: October 30, 2026
  Covered family members, notice, forms and filing deadline
• Paid Family Leave — Your Rights and Protections (opens in a new tab)
  New York State Paid Family Leave (NYS Workers' Compensation Board) · Checked: October 30, 2026
  Reinstatement, retaliation complaints, arbitration

Related questions

• Is pregnancy covered? · New York short-term disability benefits for an off-the-job illness, injury or pregnancy
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