Understanding the Difference Between NY FMLA and Paid Family Leave

There are many similarities between the Family Medical Leave Act (FMLA) on the federal level and New York's newly-introduced Paid Family Leave program. So it's understandable why many people confuse the two - especially since Paid Family Leave in New York hasn't been implemented yet.

Fortunately, we're here to set the record straight by providing general overviews of each of the two (separate) programs, so you can understand for certain the similarity and the difference between FMLA and Paid Family Leave.

Family and Medical Leave Act (FMLA)

The FMLA provides certain employees with up to 12 weeks of unpaid, job-protected (meaning they can't get fired for taking it) leave per year. It also mandates that any group health benefits they have be maintained through the leave.

FMLA states that employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

• For the birth and care of a newborn child.
• For the placement of a child with you for adoption or foster care.
• To care for an immediate family member (spouse, child, or parent) with a serious health condition.
• For your own medical leave when you are unable to work due to a serious health condition.

Who does FMLA apply to?

FMLA covers public agencies, public and private schools, and companies with 50 or more employees.

Who’s eligible for FMLA?

To qualify for FMLA, employees must:

• • Have worked for the employer for at least 12 months.
  • Have worked at least 1,250 hours over the past year.
  • Work at a location where the company employs 50 or more employees within a 75-mile radius.

Also, time taken off for pregnancy complications counts toward the 12 weeks of family and medical leave under FMLA.

New York's Paid Family Leave

Paid Family Leave in New York is similar to FMLA in many ways, but it's not the same program and should be treated differently.

How NY Paid Family Leave is similar to FMLA

• Both provide job-protected leave — meaning you won’t lose your job for taking time off.
• Both allow leave for things like caring for a newborn or a seriously ill family member.
• Both have a requirement that employees work for their employer for a certain amount of time before becoming eligible.

How it's different

Paid vs. Unpaid:

• This is the big one. FMLA provides unpaid leave, while New York’s Paid Family Leave is, well, paid.
• Starting January 1, 2024, employees in New York became eligible for up to 12 weeks of paid leave at 67% of their average weekly wage, capped at 67% of the statewide average weekly wage.

Employer Size:

• • FMLA only applies to employers with 50 or more employees.
  • New York’s Paid Family Leave applies to most employers — even if they only have one employee who’s been working for 30 days.

FAQs About NY Paid Family Leave vs. FMLA

1. Is NY Paid Family Leave the same as FMLA?

Nope! They’re different programs. While both offer job protection, the big difference is that FMLA is unpaid, and New York’s Paid Family Leave offers paid time off.

2. Who qualifies for New York Paid Family Leave?

Most full-time employees in New York qualify after working 26 consecutive weeks, while part-time employees qualify after working 175 days.

3. Can I take both FMLA and New York Paid Family Leave?

Yes, you can — but not for the same reason at the same time. You could take FMLA for medical leave and Paid Family Leave for family caregiving, for example.

Learn more about NY Paid Family Leave and FMLA

• How employees become eligible for Paid Family Leave.
• How Paid Family Leave benefits are calculated and paid out.
• What employers need to know (including responsibilities and liabilities).

... check out our free PDF Guide - Preparing for New York's Paid Family Leave.