New York Family Leave

The Family and Medical Leave Act of 1993 ("FMLA") was enacted by the US Department of Labor and applies to all state and local public agencies including education agencies and private-sector employers who employ at least 50 people. The FMLA allows eligible employees to take a temporary leave for things like illness in their immediate family. FMLA benefits include twelve weeks of unpaid leave for employees who must take a covered leave. In addition to FMLA benefits, many states have enacted legislation to build on the federal FMLA rules, and the New York family leave proposed legislation is an example of states going beyond the protections afforded by Federal laws. The New York State Paid Family Leave bill would require NY State employers to not only provide 12 weeks of leave, but to also pay employees for their time away. The New York family leave provisions would be structured through the State's Temporary Disability Insurance system and would be paid for by an employee-paid payroll tax of 45 cents per week. New York family leave law would extend leave benefits to virtually all employees and dramatically broaden the standard FMLA benefits.

Fast Facts

  • Without the proposed New York Family Leave legislation, nearly 900,000 NY employees will continue to work without one single paid sick day.
  • Taking an unpaid leave is often a huge burden on families, especially those who are living paycheck-to-paycheck.

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