New York PFL eligibility
New York PFL provides income, job protection, and continuation of health benefits (when applicable) for employees who take leave from work to:
- Care for a family member’s serious health condition. (The family member can include a spouse/domestic partner, a child, a parent, a grandparent, a grandchild, and a parent-in-law.)
- Bond with their child during the first 12 months after the child’s birth or during the first 12 months after the placement of the child for adoption or foster care.
- Perform activities relating to the employee's spouse, domestic partner, child, or parent’s active military duty (or impending call to active duty).
Employee eligibility for New York PFL coverage
- Employees scheduled to work 20 hours or more per week are eligible for PFL after 26 consecutive weeks of employment.
- Employees working less than 20 hours per week are eligible after working 175 days.
Interplay between New York PFL and DBL, and the FMLA
New York PFL and DBL
- PFL maximum allowance is 12 weeks as of January 1, 2021.
- PFL and DBL benefits can’t be paid for at the same time and can’t exceed 26 weeks in a 52-week period.
New York PFL and the FMLA
- The FMLA may run concurrently with PFL.
- If the employee declines New York PFL payments while using the FMLA, leave may still count against the employee's PFL benefit.
- If the employee takes FMLA in less than full-day increments and the employee is paid for part of the day, that’s not a PFL day, as PFL must be taken in one-day increments.
Unlawful acts by employers
If an employer doesn’t comply with New York PFL, the employer will be guilty of a misdemeanor, and penalties will include, but are not limited to, fines, penalties, and imprisonment. If employer is a corporation, the president, secretary, treasurer, and officers will be liable.
For more information on New York PFL visit: