New York Paid Family Leave: Your Rights with NYPFL
What are Your Rights with NYPFL?
New York was one of the first states to offer paid family leave. But what are your rights when you take NYPFL?
Since instituting NYPFL, New York has increased the benefits and strengthened your protections when you take leave.
If your rights have been violated, a workplace retaliation lawyer can help. And New York offers some of the strongest family leave retaliation laws in the country.
Contact New York retaliation attorney Charles Joseph for a free consultation to protect your rights. Charles Joseph has over twenty years of experience with retaliation cases, and his firm has recovered more than $200 million for clients. Reach out today for a free, confidential consultation.
New York Paid Family Leave
New York residents can take paid family leave thanks to New York Paid Family Leave (NYPFL). This law took effect on January 1, 2018. NYPFL provides stronger benefits than FMLA, most notably the fact that it is paid leave.
NYPFL covers parental leave to care for a child or recover from childbirth. The law also allows employees to care for a loved one with a serious health condition or help when a family member is called to active military service.
You are entitled to benefits under the NYPFL regardless of your immigration status and regardless of the number of workers your employer employs. You are covered by this law even if you are a domestic worker who is the only person working for your employer.
NYPFL Increases In 2025
In 2019, NYPFL provided up to 10 weeks of paid leave. The amount of paid leave increased to 12 weeks in 2021. You are entitled to receive 67% of your salary. In 2025, the cap will increase to $1,718 per week. This means the maximum weekly benefit is $1,177 in 2025.
However, you may not collect unemployment insurance during your leave.
Employees must provide 30 days’ notice before taking the leave. If that is not possible, the notice must be as soon as possible. The notice should explain what type of leave is necessary and when and how long you anticipate being out on leave.
Your employer should provide you with an application, which will be submitted to your employer’s paid family leave insurance carrier. Your employer may request additional documentation, such as proof of birth.
NYPFL Retaliation Protections
Your employer cannot discriminate or retaliate against you for taking leave under NYPFL. You are entitled to job protection, meaning you cannot be fired and you must be reinstated to the same or an equivalent position.
If your employer wrongfully refuses your request for leave or terminates you because you sought leave, you have legal protections. An administrative law judge with the Workers’ Compensation Board can order your employer to reinstate you, pay any lost wages, pay attorney’s fees, and pay up to $500 in penalties.
NYPFL: Lawful Absence Law
In 2023, New York’s Lawful Absence Law took effect. This law prohibits employers from penalizing employees who use NYPFL or take PTO.
What does that mean in practice? Your employer cannot give you points or demerits for taking legally protected time off. You also cannot get fired for using NYPFL or New York State Paid Sick Leave.
You can file a lawsuit against your employer for violating the NYPFL law. If you were fired or disciplined for taking paid leave, you can sue for back pay and damages. The New York State Department of Labor can also fine employers up to $20,000 for violating this law.
If your employer has violated your NYPFL rights, you can contact a retaliation lawyer for a free consultation.
NYPFL and FMLA
You are allowed to take leave under both the FMLA and the NYPFL. However, your employer can require you to take time off for the same event concurrently. Your employer must notify you of this requirement before your leave starts.
You cannot take leave under the NYPFL and short-term disability at the same time. You must take one and then the other. Also, you cannot take more than 26 weeks of combined short-term disability and NYPFL leave in a 52-week period.
Employers cannot retaliate against employees who take leave under the FMLA. They also cannot fire employees for exercising their FMLA rights.
In addition, employers cannot fire you for reporting or complaining about an unlawful FMLA practice.
Have you experienced FMLA retaliation? Learn more about your rights.
How to File a Complaint About NYPFL Violations
Employers cannot fire you, reduce your pay or benefits, or discipline you in any way for requesting or using NYPFL.
You can file a complaint if their employer has violated your paid leave rights. Violations can include withholding information about the law, refusing to authorize leave, or discriminating against employees who take leave.
The New York State Workers’ Compensation Board handles complaints against employers. Before filing a complaint, you must ask your employer to reverse their decision and wait 30 days for them to comply. If your employer does not comply within 30 days, you can file a complaint with the Workers’ Compensation Board.
An employment lawyer can help protect your right to take paid leave. Contact NYC employment lawyer Charles Joseph for a free consultation today.
Workplace Rights FAQs
