Explaining New York Paid Leave
The U.S. federal government instituted the Family & Medical Leave Act (FMLA) in 1993, which allows up to 12 weeks of leave in a 12-month period for certain family-based or medical-related reasons. Certain states, New York included, have passed laws in the years since then, expanding the right to family leave, but there are still certain details and requirements that can confuse the average person when they try to apply. Consulting an attorney well versed in this area of law may help to set things right.
State Paid Sick Leave
Since 2021, eligible New Yorkers can take paid sick time off to either recover from or seek diagnosis and treatment of a physical or mental illness or injury, for treatment or preventative care. In addition, unlike the FMLA, New York law allows the paid sick time off to be used for “safe time” purposes, such as moving after being the victim of stalking or domestic violence. The New York state law also mandates that the leave be paid, while the FMLA’s leave period is unpaid by definition.
In general, an employer’s size will determine the number of paid sick leave hours it is required to provide. For example, an employer with over 100 full-time employees must offer at least 56 hours of sick leave per year, according to the state’s formula. That said, keep in mind that leave often runs concurrently – New York City has passed a similar law, granting similar amounts of sick leave, but an employee may only take one or the other; they cannot take their 56 hours of “state law-based” leave, then go immediately on to take their hours of “city law-based” leave.
Paid Family Leave
By comparison to sick leave, New York state paid family leave is exclusively used in three broad situations: (1) to take care of a family member with a “serious health condition;” (2) to assist with a newborn or newly adopted child’s transition into your household; and (3) to assist family when a member is deployed away from home on active service. State law not only guarantees pay to the employee whose leave is approved, but also ensures a list of protections, and the right to seek money damages if those protections are breached.
For example, an employer may not discriminate or retaliate against you while on leave, and when you return, you are entitled to receive your job back (or a ‘comparable’ job, with the same schedule, pay and benefits). You may also retain your health insurance as long as you continue to pay into it. If your employer does not guarantee these rights, you have the ability to seek help from the Workers’ Compensation Board, or even seek arbitration if the Board’s assistance is insufficient.
Contact A New York Paid Leave Attorney
Sometimes, life events can make it necessary to step back from work for a while, to focus on your health or your family. If this happens to you, know that you have options in New York that can ensure money is still coming in. A New York City paid leave attorney from Mansell Law, LLC can help answer your questions and work to give you the best chance at getting what you need. Call our office today at (646) 921-8900 for a free consultation.
Source:
dol.gov/agencies/whd/fmla
