New York Leave Guide by Situation

How to use this guide

Most leave requests touch more than one law at the same time. Pick the situation closest to what you are handling, read across the programs in play, and then use the rule-by-rule reference for the details. Writing down which programs you applied, and why, mitigates compliance risk later.

Applies in every New York workplace

Short-Term Disability, Paid Family Leave, Paid Sick Leave, Paid Prenatal Leave, and the duty to consider reasonable accommodations under the NYS Human Rights Law. The accommodation duty reaches employers of every size, so it is a live question from the first employee on.

Applies at larger sizes

The federal ADA starts at 15 employees. FMLA starts at 50 employees within 75 miles of the worksite. The amount of Paid Sick Leave depends on headcount and, for the smallest employers, net income.

Applies on top of the law

Whatever the client’s handbook adds: PTO, salary top-ups, notice steps, and how often to ask for updated provider notes. The handbook can add to the law. It cannot shrink it.

Find your situation

Choose the one that sounds most like the request in front of you. Several can apply to one employee over time, so move on to the next as things change.

An employee needs time off for their own illness or injury, including a mental health condition

The condition is not caused by work, and the employee’s provider says they need time away.

Paid Sick Leave
Short-Term Disability
FMLA, if covered
ADA and NYS Human Rights Law

Who pays: Paid Sick Leave covers the first days at full pay, up to the annual amount. Short-Term Disability (STD) then pays 50% of the average weekly wage, up to $170 a week, after a 7-day waiting period. The client’s PTO or a top-up can fill the gap, as long as total pay does not go above the employee’s regular weekly wage.
Job protected?: STD pays but does not protect the job on its own. Protection comes from FMLA when the client is covered, and from the accommodation rules, since extra leave can be a reasonable accommodation.
How long: STD up to 26 weeks per disability. FMLA up to 12 weeks in 12 months, running at the same time as STD.
Paperwork: Provider note. The carrier’s STD claim form with the provider section completed. FMLA notices and certification if the client is covered. A written record of the accommodation conversation if one is needed.

Watch for. Ask for what the leave requires (dates and any work restrictions), not for the diagnosis. Sick leave cannot require a doctor’s note for 3 or fewer consecutive workdays.

Mental health leaves are harder to manage over time. Put the next provider-update date in writing on day one, set a check-in rhythm, and name one contact at the client so the employee is not hearing from several people.

An employee is out for a few days with an illness

A cold, a flu, a migraine, a one-off appointment, or an urgent family matter that sick leave covers.

Paid Sick Leave

Who pays: Paid Sick Leave: up to 56 hours a year at 100 or more employees, 40 hours at 5 to 99 employees, and 40 hours at 4 or fewer employees (paid if net income is over $1 million, unpaid otherwise).
Job protected?: Yes. Taking sick leave cannot be held against the employee.
How it builds: Either 1 hour for every 30 hours worked, or the full amount front-loaded at the start of the year.
Paperwork: Usually none. A note can be requested only once the absence runs past 3 consecutive workdays.

Watch for. If the absences become repeated or stretch out, the situation has changed. Move to “own illness or injury” above and check STD, FMLA, and accommodations.

An employee is pregnant and needs time for prenatal appointments

Routine care, testing, or treatment before the baby arrives.

Paid Prenatal Leave
Paid Sick Leave
NYS Human Rights Law

Who pays: Paid Prenatal Leave: up to 20 hours of paid time in a 52-week period, at the regular rate of pay.
Job protected?: Yes. Retaliation for using it is prohibited.
Paperwork: Keep it light. Track hours used and confirm with current NYS Department of Labor guidance if the client asks about documentation.

Watch for. Prenatal leave is separate from, and in addition to, Paid Sick Leave. It should not be taken out of the sick balance. If the employee also needs changes to their duties, see “needs changes, not full leave.”

An employee is giving birth and will be out to recover, then bond with the baby

Two programs, back to back: medical recovery first, then bonding time.

Short-Term Disability
Paid Family Leave
FMLA, if covered
Paid Sick Leave

Who pays: STD for the medical recovery period. Providers commonly certify 6 weeks after a vaginal birth and 8 weeks after a cesarean, and the provider sets the actual period. STD pays 50% of the average weekly wage, up to $170 a week. Then Paid Family Leave (PFL) for bonding: 67% of the average weekly wage, up to $1,228.53 a week in 2026, for up to 12 weeks.
Job protected?: PFL protects the job and keeps health insurance in place. FMLA runs at the same time when the client is covered.
How long: STD and PFL together cannot pass 26 weeks in a 52-week period. They do not pay for the same days.
Paperwork: Carrier claim forms for STD and for PFL, with the provider section for STD. Proof of the child’s birth for PFL.

Watch for. Company-provided pay can be added on top of the state benefits, as long as total pay does not exceed the employee’s regular weekly wage. Map out the leave end to end at the start so the employee knows when each program begins.

An employee is bonding with a new child (birth, adoption, or foster placement)

Applies to any parent, including a parent who did not give birth.

Paid Family Leave
FMLA, if covered

Who pays: PFL: 67% of the average weekly wage, up to $1,228.53 a week in 2026. No waiting period.
Job protected?: Yes, with health insurance continuing on the same terms.
How long: Up to 12 weeks, taken within the first 12 months after the child’s arrival.
Eligibility: Full-time employees (20 or more hours a week) after 26 weeks of employment. Part-time employees after 175 days worked.

An employee needs time to care for a family member with a serious health condition

A parent, child, spouse, or other close relative whose provider says care is needed.

Paid Family Leave
FMLA, if covered

Who pays: PFL: 67% of the average weekly wage, up to $1,228.53 a week in 2026.
Who counts as family: PFL: spouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild, and sibling. FMLA is narrower (spouse, child, parent), so PFL often covers situations FMLA does not.
Job protected?: Yes, under PFL, with health insurance continuing.
How long: Up to 12 weeks in a row, or up to 84 days taken in pieces.
Paperwork: The family member’s provider certification, submitted to the carrier.

Watch for. PFL does not cover the employee’s own illness. If the employee becomes ill themselves, switch to “own illness or injury” and STD.

An employee can work but needs changes, such as a different schedule, reduced hours, modified duties, or equipment

Related to a health condition, a disability, or pregnancy.

NYS Human Rights Law
ADA
Pregnant Workers Fairness Act

What is required: Consider reasonable accommodations and document the interactive process: the conversation about what the employee needs, what the client can offer, and what was decided. The NYS Human Rights Law applies to every New York employer. The ADA and the federal Pregnant Workers Fairness Act apply at 15 employees.
Who pays: Normal wages continue, since the employee is working.
Job protected?: Yes. Declining an accommodation requires a documented reason, such as undue hardship.
Paperwork: No official form. Keep a short written record of the request, the options discussed, the decision, and the date for review.

Watch for. Every case is judged on its own facts, so there is no standard answer. Leave itself, including extra leave beyond what a program gives, can be a reasonable accommodation.

An employee is hurt or becomes ill because of their work

An on-the-job injury or a condition the employee ties to the job itself.

Workers’ compensation
FMLA, if covered
Accommodation rules

Who pays: Workers’ compensation, through the client’s carrier. This is separate from STD, which covers conditions that are not work related.
Job protected?: Retaliation for a claim is prohibited. FMLA can run at the same time when the client is covered, and the accommodation rules apply on return.
Paperwork: Report to the workers’ compensation carrier promptly and follow the carrier’s instructions.

Watch for. Mental health conditions sometimes get linked to workplace events. Bring in an HR advisor early so the claim is routed to the right place.

A leave request arrives together with a complaint about treatment at work

The employee describes bullying, mistreatment, or harassment and also needs time away.

Leave programs
Complaint investigation
Anti-retaliation rules

Two tracks: Run the leave through the programs above, exactly as for any other leave. Handle the complaint separately: write it down in the employee’s own words, start the investigation required by the client’s policy, and tell the employee what happens next.
Keep them apart: The complaint does not change leave eligibility or timing. The person processing the leave should not be the person whose conduct is being reviewed.
Job protected?: Yes. Retaliation for the complaint or for taking leave is prohibited.

Watch for. Retaliation claims often turn on timing, so date every step. If the described conduct could relate to a protected class, the Human Rights Law complaint duties apply even if the employee never uses the word “harassment.”

An employee or a family member is in military service

Guard or reserve duty, active deployment, or time to handle a family member’s deployment.

USERRA
Paid Family Leave
FMLA, if covered

What applies: USERRA protects the employee’s own service and return to the job. PFL can be used for qualifying exigencies when a family member is deployed abroad on active duty, up to 12 weeks.
Who pays: PFL pays 67% of the average weekly wage, up to $1,228.53 a week in 2026. Military pay for the service itself comes from the service branch.

Side by side

A quick comparison once you know which programs are in play.

STD and PFL cannot pay for the same days. Together they are limited to 26 weeks in a 52-week period.
Program	Reaches	Pays	Protects the job	Length
NYS Human Rights Law accommodations	Every New York employer	No (wages continue if working)	Yes	Case by case
ADA	15 or more employees	No	Yes	Case by case
Short-Term Disability (STD)	Most private employers	50% of average weekly wage, up to $170 a week	No, not on its own	Up to 26 weeks, after a 7-day wait
Paid Family Leave (PFL)	Most private employers	67% of average weekly wage, up to $1,228.53 a week (2026)	Yes, with health insurance	Up to 12 weeks
FMLA	50 or more employees within 75 miles	No (unpaid)	Yes	Up to 12 weeks in 12 months
Paid Sick Leave	Every New York employer	Paid in most cases, 40 or 56 hours a year	Yes	Hours based
Paid Prenatal Leave	Every New York employer	Yes, 20 hours at the regular rate	Yes	20 hours per 52 weeks

Rule-by-rule reference

The details behind each program. Open the one you need.

NYS Human Rights Law and the ADA

The ADA is the federal law and starts at 15 employees. The NYS Human Rights Law reaches employers of every size in New York and defines disability more broadly. In practice, a New York employer should treat the accommodation duty as applying to them.

What is required

Offer a reasonable accommodation unless it causes undue hardship.
Document the interactive process: the request, the options discussed, and the decision.
Keep medical information confidential and in a file separate from the personnel file.

Where it shows up

Employment, which is where leave lives. Extra leave can itself be a reasonable accommodation.
Physical and building access.
Digital and website access, including WCAG standards, and, for public entities and higher education, New York Senate Bill 3114A.

There is no official form. Each case depends on its facts, so keep a standard written record rather than a standard answer.

NYS Short-Term Disability (Disability Benefits Law)

Covers: the employee’s own illness or injury that is not work related, including disability from pregnancy and childbirth.
Reaches: most private New York employers, starting with the first employee.
Provided through: the client’s insurance carrier. Employees can contribute 0.5% of wages, up to $0.60 a week.
Eligibility: full-time employees after 4 consecutive weeks of employment. Part-time employees after 25 days worked.
Benefit: 50% of the average weekly wage over the last 8 weeks worked, up to $170 a week (unchanged since 1989). Legislation to raise this was under discussion in 2026, so check the current figure with the carrier.
Waiting period: 7 days, usually explained to employees as 5 working days.
Length: up to 26 weeks per disability. With PFL, up to 26 weeks combined in 52 weeks.
Company pay: PTO or a top-up can be paid on top, as long as total pay does not exceed the average weekly wage.
Pregnancy: STD covers the medical recovery period for birth, as certified by the provider. Bonding then moves to PFL.

NYS Paid Family Leave

Covers: bonding with a new child in the first 12 months, caring for a family member with a serious health condition, and qualifying military exigencies. It does not cover the employee’s own illness.
Funded by: employees through payroll deduction, 0.432% of gross wages in 2026, up to $411.91 a year. Employers do not pay in. Provided through the client’s carrier.
Eligibility: full-time (20 or more hours a week) after 26 weeks of employment. Part-time (under 20 hours a week) after 175 days worked.
Benefit: 67% of the average weekly wage, up to $1,228.53 a week in 2026 (a maximum of $14,742.36 for 12 weeks).
Length: up to 12 weeks in a row, or up to 84 days in pieces.
Protection: job reinstatement, health insurance continues, and retaliation is prohibited.
With STD: cannot be collected at the same time, but can follow STD directly. Combined limit of 26 weeks in a 52-week period.

FMLA (Family and Medical Leave Act)

Reaches: employers with 50 or more employees within 75 miles of the worksite.
Eligibility: 12 months of employment and 1,250 hours worked in the past 12 months.
Length: up to 12 weeks in a 12-month period, unpaid, with the job and group health coverage protected.
Covers: the employee’s own serious health condition (including mental health conditions), caring for a spouse, child, or parent, and bonding.
Paperwork: specific federal notices and certification forms with set deadlines, including an eligibility notice and a rights and responsibilities notice (forms WH-381 and WH-382), within 5 business days of learning the leave may qualify.
With state programs: usually runs at the same time as STD or PFL. The client designates it in writing.

Once a handbook includes FMLA language, the client is expected to follow the full documentation, timeline, and tracking rules. For clients below 50 employees, many leave FMLA out of the handbook and keep a headcount watch.

NYS Paid Sick Leave

Employer size	Annual amount
100 or more employees	Up to 56 hours, paid
5 to 99 employees	Up to 40 hours, paid
4 or fewer employees, net income over $1 million	Up to 40 hours, paid
4 or fewer employees, net income $1 million or less	Up to 40 hours, unpaid

Builds at 1 hour for every 30 hours worked, or the full amount can be front-loaded.
Covers physical and mental illness, preventive care, and safe leave related to domestic violence and similar situations.
No doctor’s note can be required unless the absence runs past 3 consecutive workdays.
Retaliation for using it is prohibited. Employers must give employees written notice of their sick leave policy.

NYS Paid Prenatal Leave

20 hours of paid leave in a 52-week period for prenatal care, at the regular rate of pay.
Separate from, and in addition to, Paid Sick Leave and Short-Term Disability.
Available at every New York employer.

Workers’ compensation

Covers injuries and illnesses that arise from the job. These do not go to STD.
Report to the client’s carrier promptly and follow the carrier’s steps.
Retaliation for filing a claim is prohibited. Return to work often involves the accommodation process.

Other rules to keep in view

Rule	Why it comes up in leave work
Medical privacy (ADA and GINA)	Keep medical records confidential, separate from the personnel file, and shared only with those who need to know.
Group health continuation and COBRA	FMLA and PFL keep coverage going. Unpaid time outside those programs can affect eligibility, so check the plan terms.
Required workplace notices	New York requires posted notices for disability and paid family leave and written notice of the sick leave policy.
Unemployment insurance	STD and unemployment benefits do not pay for the same days. An employee with an open claim should check with the carrier or NYS Department of Labor.
Jury duty, voting, blood donation	Short absences with their own New York rules.
Local laws	Some New York localities, including New York City, add their own leave requirements.

Medical and family leave in New York, sorted by situation