Many employees in New York don’t know they have legal rights to take time off for family or health reasons without losing their jobs.
In this post, we answer common questions about the Family and Medical Leave Act (FMLA) and Paid Family Leave (PFL) which are two important protections that help workers when life requires a break from work.

What Is FMLA?

The FMLA, or Family and Medical Leave Act, is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave for medical or family reasons — while keeping their job protected. That means your employer can’t fire you or remove your health benefits while you’re on approved leave.

Who Qualifies for FMLA?

To qualify for FMLA, both the employer and employee must meet specific requirements:

1. The company must have at least 50 employees in 20 or more workweeks in the current or previous calendar year within 75 miles of the worksite.
2. The employee must have worked for the company for at least 12 months.
3. During the last 12 months, the employee must have worked at least 1,250 hours.

When Can You Use FMLA?

FMLA covers serious health and family situations, such as:

• When you have a serious medical condition that prevents you from working.
• To care for a spouse, child, or parent with a serious illness.
• After the birth or adoption of a child.
• For certain family military emergencies.

Example:
María works in a restaurant and needs to care for her hospitalized mother. Under FMLA, she can take up to 12 weeks off and return to the same or a similar job without being penalized.

 What Is Paid Family Leave (PFL) in New York?

The Paid Family Leave (PFL) program is a state law, separate from FMLA.
The key difference is that PFL provides partial wage replacement while you’re away from work. It’s funded through state insurance, not your employer.

Who Qualifies for Paid Family Leave?

Unlike FMLA, PFL covers almost all W-2 employees in New York, even if the company has only one worker.

• Full-time employees qualify after 26 consecutive weeks of employment.
• Part-time employees qualify after 175 days worked.
• You can receive up to 67% of your average weekly wage (up to the state’s annual cap) for up to 12 weeks of leave.

When Can You Use Paid Family Leave?

You can use PFL to:

• Care for a family member with a serious health condition.
• Bond with a new child (birth, adoption, or foster care).
• Assist a family member called to active military duty.

Example:
José works in construction and wants to stay home to care for his newborn baby. With PFL, he can take several weeks off and still receive part of his income through the state program.

Can You Use Both FMLA and Paid Family Leave?

Yes, in some cases, you can use both programs together during which your leave runs concurrently.  Your HR department or an employment attorney can help determine if you qualify for both.

What If My Employer Denies My Leave or Retaliates Against Me?

If your employer denies your right to take leave, pressures you not to use it, or fires you for taking time off, that’s illegal. You may have grounds to file a complaint or a legal claim for workplace discrimination or retaliation.

Both the FMLA and Paid Family Leave exist to protect what matters most — your health, your family, and your job. You should never have to choose between earning a paycheck and caring for a loved one.

If your employer violates these rights, you’re not alone.

Helen F. Dalton & Associates, P.C. has defended New York workers for over 30 years, helping them recover lost wages and stand up to unfair treatment.
Free Consultation | Call or WhatsApp us today.