Family and Medical Leave Act (FMLA)

The Family & Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continutation of group health insurance coverage under the same terms and conditions as if the employer had not taken leave.

Who Are Private Employers Required to Cover for New York Paid Family Leave?

A private employer who employs one or more persons in New York State on each of 30 days in any calendar year becomes a "covered employer” four weeks after the 30th day of such employment.

Coverage is required for:

• All full-time and part-time employees, except for employees who are eligible for, and have signed, a waiver.
• Domestic or personal employees who work 40 or more hours per week for one employer.

Eligible employees are entitled to twelve workweeks of leave in a 12-month period due to:

• The birth and care of a child within 1 year of birth.
• The placement of a adopted/fostered child with the employee within 1 year of placement.
• To care for the employee's spouse, child, or parent who has a serious medical condition.
• A serious medical condition that makes the employee unable to perform the essential functions of his/her job.
• Any qualifying exigency as a result of the fact that the employee's spouse, son/daughter, or parent is a covered military member on covered active duty.

OR 26 workweeks of leave during a single 12-month period to care for a covered military member with a serious medical condition, if the covered military member is an employee's spouse, son/daughter, parent, or next of kin (military caregiver leave).