New York maternity leave combines two separate state programmes: Paid Family Leave (PFL) for 12 weeks of bonding leave at 67% of pay, and State Disability Insurance (SDI) for up to 6 weeks of disability benefits around the birth. The two run concurrently in most cases — the employee takes 12 weeks of PFL that also satisfies the disability period. New York’s PFL programme is one of the most generous in the US, with a high replacement rate and a relatively low employee cost. For employers, the challenge is understanding how PFL, SDI, and federal FMLA interact and communicating the correct entitlements to employees.

This guide covers the New York maternity leave system in 2026: PFL, SDI, FMLA interaction, eligibility, and employer obligations.

Key takeaways

  • NY PFL provides 12 weeks of paid leave at 67% of pay, capped at the annualised average weekly wage.
  • NY SDI provides up to 6 weeks of disability benefits for the birth mother around the time of delivery.
  • PFL and SDI run concurrently — the employee does not get 12 weeks plus 6 weeks, but 12 weeks with disability benefits during part of that period.
  • FMLA provides 12 weeks unpaid — if the employee qualifies, FMLA runs concurrently with PFL, providing job protection.
  • Employers with 1 or more employees must comply with NY PFL.

New York Paid Family Leave (PFL)

New York’s Paid Family Leave programme provides:

  • Duration: 12 weeks per 52-week period.
  • Benefit rate: 67% of the employee’s average weekly wage, up to the annualised average weekly wage cap.
  • Weekly cap (2026): Approximately $1,151.16 per week.
  • Funding: Funded entirely through employee payroll deductions — the employer does not fund the benefit.
  • Job protection: The employee’s position must be held open during PFL leave (when taken concurrently with FMLA or when the employer has 50+ employees).

PFL eligibility

To qualify, the employee must:

  1. Have worked for the employer for 26 consecutive weeks (full-time) or have worked 175 days (part-time) in the preceding 52 weeks.
  2. Have earned at least $1,300 in a calendar quarter within the preceding 52 weeks.
  3. Be a W-2 employee (independent contractors and self-employed individuals are not eligible unless they opt in).

PFL does not have a minimum age or citizenship requirement — it applies to all eligible W-2 employees regardless of immigration status.

PFL for bonding

For maternity leave, PFL is used for bonding with a new child — the 12 weeks can be taken at any time during the first 12 months after the child’s birth or adoption. The employee does not have to take all 12 weeks consecutively, though most employers require some minimum block (typically 30 days).

New York State Disability Insurance (SDI)

New York’s State Disability Insurance provides:

  • Duration: Up to 26 weeks of disability benefits (not specific to maternity — covers any disability).
  • Benefit rate: 50% of the employee’s average weekly wage, up to the weekly cap.
  • Weekly cap (2026): Approximately $1,151.16 per week.
  • Who qualifies: The birth mother who is disabled by pregnancy or childbirth.

SDI and PFL interaction

For most birth mothers, the sequence is:

  1. SDI benefits: The employee receives SDI for the period of disability around the birth (typically 4-6 weeks for vaginal delivery, 6-8 weeks for caesarean section).
  2. PFL benefits: After SDI ends, the employee transitions to PFL for the remaining bonding period.

However, the employee can only receive 12 weeks combined of PFL benefits. If SDI and PFL overlap, the employee receives the higher benefit during the overlap period. In practice, most birth mothers take SDI first, then PFL, for a combined total of up to 18 weeks of paid benefits.

Programme Duration Benefit Rate Purpose
SDI Up to 6 weeks 50% of wages Disability around birth
PFL 12 weeks 67% of wages Bonding with child
Combined Up to 18 weeks Varies Disability + bonding

FMLA interaction

For employees who qualify for FMLA (50+ employees within 75 miles, 12 months of service, 1,250 hours), FMLA runs concurrently with PFL. The employee takes 12 weeks of leave that satisfies both federal FMLA and state PFL simultaneously:

  • FMLA provides the job protection (PFL alone does not guarantee job protection for employers with fewer than 50 employees).
  • PFL provides the income (67% of pay).
  • SDI provides additional income during the disability period.

For employees who are not FMLA-eligible (for example, at a small employer), PFL still applies but the job protection depends on New York state law. New York employers with 1 or more employees must comply with PFL.

Employer obligations in New York

New York employers must comply with several requirements:

  • PFL compliance: Provide 12 weeks of PFL to eligible employees. The employer must hold the position open (when applicable).
  • Payroll deductions: Deduct PFL contributions from employee wages at the statutory rate (currently 0.333% of wages, up to the annualised wage cap).
  • Health insurance: Continue group health insurance during PFL leave.
  • No adverse action: Dismissing an employee for taking PFL is prohibited.
  • Notice requirements: Provide employees with a written notice of PFL rights at the time of hire and when leave is requested.
  • SDI facilitation: The employer is not responsible for SDI payments but must cooperate with the employee’s application.

Employer supplemental benefits

Some New York employers offer supplemental benefits that top up PFL to full salary:

  • Top-up policies: The employer pays the difference between PFL (67%) and full salary.
  • Supplemental PTO: The employee uses accrued PTO to cover the remaining 33%.
  • Company-paid PFL: The employer pays the employee’s full salary during PFL, then applies PFL benefits as reimbursement.

These arrangements should be clearly documented in the employment agreement or employee handbook.

Managing New York maternity leave in your HR system

For HR teams managing multiple New York employees on maternity leave:

  • Track PFL eligibility: Flag employees who may not qualify due to insufficient tenure or earnings.
  • Monitor PFL application deadlines: Employees must apply for PFL within 30 days of the first day of leave.
  • Handle SDI-to-PFL transitions: Track when SDI ends and PFL begins to ensure continuous income for the employee.
  • Manage supplemental benefits: If the employer offers top-up policies, track the gap between PFL and full salary.
  • Record-keeping: Maintain accurate leave records for each employee, including PFL and SDI usage.

A leave management system that tracks New York-specific PFL and SDI entitlements, automates payroll deductions, and manages supplemental benefit calculations keeps employers compliant without manual spreadsheet tracking.

Frequently asked questions

How long is maternity leave in New York?

New York provides 12 weeks of Paid Family Leave at 67% of pay for bonding, plus up to 6 weeks of State Disability Insurance at 50% of pay for the birth mother. The two run concurrently in most cases, providing a combined total of up to 18 weeks of paid benefits.

Is maternity leave paid in New York?

Yes. PFL provides 12 weeks of paid leave at 67% of pay (up to the weekly cap). SDI provides additional disability benefits around the time of birth. The employer is not required to pay the employee during PFL unless a company policy requires it.

Can I take all 12 weeks of PFL at once?

Yes. PFL can be taken in a single block of 12 weeks or in separate blocks, though some employers require a minimum block (typically 30 days). PFL must be taken within the first 12 months after the child’s birth or adoption.

Does my health insurance continue during PFL?

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

What is the difference between PFL and SDI?

PFL is for bonding with a new child (12 weeks at 67% of pay). SDI is for disability around the birth (up to 6 weeks at 50% of pay). The birth mother typically takes SDI first, then transitions to PFL for the remaining bonding period.

Sources

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