Maternity leave in New York provides 12 weeks of paid, job-protected leave under the New York Paid Family Leave (PFL) Act, which provides 67% of the employee’s average weekly wage (up to the statutory maximum). The PFL runs concurrently with the federal FMLA for eligible employees, meaning the employee takes 12 weeks of leave that satisfies both laws simultaneously. New York’s programme is one of the most comprehensive in the US, covering all private employers regardless of size.

This guide covers the New York maternity leave system in 2026: the PFL benefit, eligibility requirements, how it interacts with the FMLA, employer obligations, and the application process.

Key takeaways

New York PFL provides 12 weeks of paid leave at 67% of the employee’s average weekly wage, capped at the annual maximum.
PFL is available to employees of all private employers in New York, regardless of company size.
PFL runs concurrently with the FMLA for eligible employees — the employee does not get 12 weeks plus 12 weeks.
The benefit is funded entirely through employee payroll deductions — the employer does not fund the payment.
Employees must have worked for their employer for at least 26 consecutive weeks before the leave starts.

New York Paid Family Leave

The New York Paid Family Leave programme took full effect on 1 January 2019 and has been phasing in higher benefit levels. Key details:

Duration: 12 weeks per 52-week period.
Payment rate: 67% of the employee’s average weekly wage, up to the annual maximum (updated each year).
Funding: Funded through employee payroll deductions — the employer deducts a percentage of each paycheck and remits it to the PFL insurance carrier.
Job protection: PFL provides job protection — the employee’s position (or a comparable position) must be available on return.

PFL eligibility

To qualify, the employee must:

Have worked for the employer for at least 26 consecutive weeks before the leave starts.
Be employed by a private employer in New York State.
Be unable to work or have a reduction in hours due to the need to bond with a new child.

PFL is not available to employees of state or local government employers, though those employers may offer equivalent programmes voluntarily.

What PFL covers

PFL covers bonding with a new child — whether by birth, adoption, or foster care. It does not cover the employee’s own medical condition (that falls under New York State Disability Insurance, or NYSDI).

The leave can be taken as:

A single continuous 12-week period.
Intermittent days (in full-day increments) over a 52-week period.
A reduced schedule (at least 6 hours per week less than the regular schedule).

How PFL interacts with the FMLA

For employees eligible for both PFL and FMLA, the two leaves run concurrently. The employee takes 12 weeks of leave that satisfies both laws. Key points:

FMLA eligibility requires 12 months of service, 1,250 hours worked, and employment at a worksite with 50+ employees within 75 miles.
PFL eligibility requires 26 consecutive weeks of employment with the same employer.
An employee who qualifies for PFL but not FMLA still receives the 12 weeks of paid, job-protected leave under PFL.
An employee who qualifies for FMLA but not PFL has 12 weeks of unpaid, job-protected leave under FMLA.

This means PFL extends job-protected leave to employees of small employers (under 50 employees) who would not qualify for FMLA. The 26-week PFL eligibility threshold is shorter than FMLA’s 12-month requirement, making PFL accessible to newer employees.

New York State Disability Insurance (NYSDI)

Before the baby is born, the employee may be eligible for New York State Disability Insurance (NYSDI), which covers the employee’s own disability due to pregnancy or childbirth:

Duration: Up to 26 weeks of disability benefits.
Payment rate: 50% of the employee’s average weekly wage, up to the weekly maximum.
Eligibility: Paid into the NYSDI programme through payroll deductions.

NYSDI and PFL are separate programmes. An employee may receive NYSDI for pregnancy-related disability before the birth, then transition to PFL for bonding after the birth. The two do not overlap.

Employer obligations

New York employers must comply with several requirements:

PFL insurance: All private employers must obtain PFL insurance from a licensed carrier or self-insure. This is mandatory — the employer cannot opt out.
Payroll deductions: The employer must deduct the PFL premium from employee paychecks and remit it to the insurance carrier.
Job protection: The employee’s position (or a comparable position) must be available on return.
No adverse action: Dismissing an employee for taking PFL leave is prohibited.
Notice requirements: The employer must provide employees with a written notice of their PFL rights at the time of hiring and 30 days before the leave begins.
Benefits continuation: The employer must maintain group health insurance during the leave on the same terms as if the employee had continued working.

PFL insurance costs

The PFL premium is deducted from employee paychecks — the employer does not fund the benefit. The premium rate is set annually by the state and is capped at a percentage of the employee’s salary. The employer is responsible for administering the deduction but does not bear the cost.

Calculating your combined entitlement

Scenario: Emma is a financial analyst in New York City. She has been with her employer for 2 years and earns $90,000 per year ($1,730/week).

Component	Duration	Payment
NYSDI (pregnancy disability)	Up to 26 weeks	50% of wages (up to weekly max)
NY PFL (bonding)	12 weeks	67% of wages (up to annual max)
FMLA (if eligible)	12 weeks	Unpaid (concurrent with PFL)
Total job-protected leave	Up to 12 weeks (PFL/FMLA)	67% of wages

If Emma takes NYSDI before the birth for pregnancy-related disability, then transitions to PFL for bonding, she may have up to 26 weeks of disability plus 12 weeks of PFL — but the PFL/FMLA period is the 12 weeks of bonding leave.

The application process

The PFL claim process:

Notify the employer of the intended leave date (at least 30 days’ notice when possible).
File a PFL claim with the employer’s PFL insurance carrier, using the carrier’s claim form.
Provide supporting documentation: Proof of birth or adoption, employment history, and medical certification if required.
The carrier processes the claim and pays the employee directly.
The employer records the leave in the payroll system and continues health insurance during the leave period.

The employer should coordinate with the PFL insurance carrier to ensure timely payment. Delays in filing the claim can result in delayed benefit payments for the employee.

Common pitfalls for New York employers

1. Not obtaining PFL insurance

All private employers in New York must have PFL insurance. Failing to obtain coverage is a violation and may result in penalties. The insurance can be obtained from a licensed carrier or through self-insurance.

2. Confusing PFL with FMLA eligibility

PFL has a shorter eligibility period (26 weeks) than FMLA (12 months). An employee may qualify for PFL but not FMLA, or vice versa. Apply the correct criteria to each law.

3. Requiring the employee to exhaust vacation before PFL

The employer cannot require the employee to use vacation before taking PFL. PFL and vacation are separate entitlements.

4. Not providing the required written notice

The employer must provide a written notice of PFL rights at the time of hiring and 30 days before the leave. Failure to provide the notice may result in penalties.

For more New York leave context, see our guide to annual leave entitlements in New York and the overview of the main types of leave employers manage.

Frequently asked questions

How long is maternity leave in New York?

New York provides 12 weeks of paid family leave under the PFL Act, which runs concurrently with the 12 weeks of FMLA leave for eligible employees. Before the birth, the employee may also receive NYSDI benefits for pregnancy-related disability.

Is maternity leave paid in New York?

Yes. PFL provides 67% of the employee’s average weekly wage (up to the statutory maximum) for 12 weeks. NYSDI may also provide disability benefits before the birth at 50% of wages.

Can my employer refuse my PFL leave request?

If you are PFL-eligible, the employer cannot refuse the leave. The employer must also obtain PFL insurance and facilitate the claim process.

Does my health insurance continue during PFL?

Yes. The employer must maintain group health insurance during PFL leave on the same terms as if the employee had continued working.

What is the difference between PFL and NYSDI?

PFL covers bonding with a new child (12 weeks at 67%). NYSDI covers the employee’s own disability due to pregnancy or childbirth (up to 26 weeks at 50%). They are separate programmes that can run sequentially.

Putting it into practice

Five steps cover most New York maternity leave compliance:

Confirm the employee has 26 consecutive weeks of employment for PFL eligibility.
Coordinate with the PFL insurance carrier to process the claim and ensure timely payment.
Continue group health insurance during the PFL leave period.
Provide the required written notice of PFL rights at hiring and 30 days before leave.
Hold the employee’s position open (or comparable) for the full 12-week PFL period.

You can take advantage of the free 14 days trial and explore Leave Balance.

A leave management system that coordinates PFL claims with the insurance carrier, tracks the 26-week eligibility threshold, and holds health insurance obligations on the employee record keeps New York employers compliant without manual coordination.

Sources

This article is general information, not legal advice. New York PFL benefit rates and eligibility criteria change annually — confirm current figures with the New York State Department of Labor.

Maternity Leave in New York: 12 Weeks Under the Paid Family Leave Act