New York Paternity Leave Lawyer

Paternity leave is job-protected time off that allows fathers or non-birthing parents to take time off to bond with a newborn, adopted child, or foster child. Both federal and New York laws govern paternity leave.

The federal Family and Medical Leave Act, or FMLA, provides job-protected, unpaid leave for employees for qualifying medical or family reasons. The FMLA also requires that an employee’s group health benefits be maintained during their leave. The federal law’s benefits apply to employees of all public agencies, public and private elementary and secondary schools, and companies with 50 or more employees. Employers must provide eligible employees with up to 12 weeks of unpaid leave each year, which can be used for paternity leave.

Workers in New York are entitled to even greater protection. The Empire State enacted one of the nation’s strongest Paid Family Leave, or PFL, policies in 2016, so that working families wouldn’t have to choose between caring for their loved ones and maintaining economic security.

New York’s Paid Family Leave law provides eligible employees with job-protected paid time off to bond with a newly born, adopted, or fostered child. Under the PFL, employees can receive partial wage replacement and continued health care coverage while on leave. The New York PFL also provides continued health insurance and protection from discrimination or retaliation. Eligible employees can receive up to 12 weeks of job-protected time off with 67% of their average weekly wage to bond with a new child.