Paternity Leave Laws in New York: Your Rights as a New Parent

New York's Paid Family Leave Law, codified in Labor Law §§741–747, is significantly more generous than the federal FMLA in one critical way: it provides paid leave. New York law entitles eligible employees to up to 10 weeks of paid parental leave within one year of the child's birth, adoption, or foster placement. The law applies to private employers with 4 or more employees, which is a lower threshold than the federal 50-employee rule. This means many small New York employers must comply with state law even if they fall below the FMLA threshold.

Under New York law, the benefit replaces 67% of the employee's weekly wages, subject to a weekly maximum cap (indexed annually—currently $1,657 for 2024). The benefit is funded through the New York Paid Family Leave Insurance Fund, which is supported by mandatory payroll deductions from employees (approximately 0.545% of wages as of 2024). Employers do not directly fund the benefit.

New York law provides explicit job protection: an employer may not discharge, threaten, or otherwise discriminate against an employee for using or requesting paid family leave (Labor Law §744). The employee's health insurance must be maintained during the leave period, and the employee must be restored to the same position or an equivalent one. Both mothers and fathers, and non-birthing parents in same-sex relationships or adoptive situations, are eligible. The law is gender-neutral and applies equally to all parents.

Unlike FMLA, which requires 30 days' notice when practicable, New York law requires the employee to provide notice as soon as practicable, ordinarily at least 30 days in advance when the need for leave is foreseeable (Labor Law §742). The state also imposes no employer right to require use of accrued paid time off before or during paid family leave.

Several important exceptions and limitations apply to New York's paid family leave law. First, employees of the federal government, railroad employees covered by the federal Railroad Retirement Act, and certain public employees are excluded from state paid family leave coverage (Labor Law §741(1)). Additionally, an employee is not eligible for paid family leave if they are not employed by a covered employer (4+ employees) or have not worked there for at least 26 weeks and 130 hours in the 52 weeks preceding the leave request.

Employees of certain tribal governments and religious organizations may be excluded depending on the specific circumstances. Temporary employees hired for a specific duration may have limited eligibility if the contract term is shorter than the leave period. An employer may require periodic certification from the employee confirming continued eligibility and anticipated return date.

While New York law protects job restoration, an employee on leave who fails to return may lose certain protections if the employer can show the absence exceeded the approved leave period or violated notice requirements. Employers may deny leave if the employee fails to provide the required notice without justification (Labor Law §742). An employee cannot receive paid family leave benefits while simultaneously receiving unemployment insurance or certain disability benefits, though the precise coordination rules depend on the benefit type.

The law also does not require employers to allow simultaneous use of paid family leave and FMLA leave, though in practice many do. An employer may require the employee to use paid family leave concurrently with FMLA leave to maximize job protection. Importantly, the law does not supersede any collective bargaining agreement that provides more generous leave benefits; union contracts may override the statutory minimums.

Follow these steps if you believe your paternity leave rights under New York law have been violated:

Step 1: Document Everything. Keep detailed records of all communications with your employer regarding leave requests, including emails, text messages, and written notes with dates and times of conversations. Document your employment start date, hours worked, and dates of any leave taken. Save any denial letters, performance reviews, or disciplinary actions that coincide suspiciously with leave requests. Take screenshots and save copies to personal email or cloud storage outside company systems.

Step 2: File an Internal Complaint. Notify your employer's human resources department in writing (email with read receipt) that you are requesting paid family leave under New York Labor Law §741. Provide at least 30 days' advance notice when practicable, including the expected start date and anticipated duration (up to 10 weeks). Request written confirmation of your leave approval and the expected benefit amount. If your employer denies the request, ask in writing why it was denied and request a specific legal basis for the denial. Keep copies of all correspondence. Filing an internal complaint creates a paper trail and often resolves issues before escalation.

Step 3: File with the New York Department of Labor. If your employer denies leave unlawfully or retaliates, file a complaint with the New York Department of Labor, Division of Paid Family Leave. You can file online at paidfamilyleave.ny.gov or call the Paid Family Leave Customer Service Line at 1-844-469-2329 (Monday–Friday, 8:30 a.m.–4:30 p.m. ET). The complaint must be filed within three years of the violation (Labor Law §747). Provide your name, address, employer name and address, the dates of the alleged violation, a detailed description of what happened, and copies of supporting documents. You do not need an attorney to file with the Department of Labor.

Step 4: The Investigation Process. After you file, the Department of Labor will contact your employer to investigate the claim. The agency will request payroll records, leave policies, communications, and an explanation of the denial or alleged retaliation. You will be interviewed and may be asked to provide additional evidence. The investigation typically takes 30–90 days, though complex cases may take longer. The Department will issue a determination. If the Department finds a violation, it may order the employer to pay unpaid benefits, restore you to your position, or cease retaliatory conduct. If dissatisfied with the determination, you have the right to request a hearing before an administrative law judge.

Step 5: Consult an Employment Attorney. Consider consulting an employment attorney if your employer retaliates (discrimination, demotion, termination), if the benefits owed exceed several thousand dollars, or if the Department of Labor determination goes against you. An employment attorney can evaluate whether you have additional claims under the New York Human Rights Law (Article 15 of the Executive Law) if retaliation was based on protected characteristics such as sex or parental status. Some employment lawyers work on contingency (no upfront cost; they take a percentage of the settlement or judgment). Contact the New York State Bar Association Lawyer Referral Service at nysbar.org or call 1-800-342-3661.