Expecting a little one should be one of the happiest times of your life. You’re excited to welcome your baby, but two big questions might keep you up at night: (1) How long can I afford to be away from work, and (2) Will my job still be there when I return?
These concerns are common for pregnant employees and new parents. The good news is that New York State has some of the strongest maternity leave rights in the country. In fact, as of 2021, an estimated 88% of New York private-sector workers had access to paid family leave benefits—compared to just 23% nationwide. See A Better Balance for more details on this background.
This means most New Yorkers can take time off to bond with a new child without losing their job or entire paycheck. But knowing you have rights and understanding how to use them are two different things. In this guide, we’ll explain exactly how long you get for maternity leave in New York, what benefits you can expect, who’s eligible, and how to make the most of these protections.
Thanks to New York’s Paid Family Leave, both mothers and fathers can take time to bond with a new child without fear of losing their jobs. New York offers some of the nation’s most comprehensive parental leave rights, covering births, adoptions, and foster placements.
New York’s maternity leave laws primarily come from the New York Paid Family Leave (NY PFL) program. This law, which took effect in phases from 2018 to 2021, ensures paid, job-protected family leave for employees in the private sector. We’ll focus on NY’s rules (and touch on federal leave briefly) so you can understand your rights in plain language. By the end, you should feel more confident about planning your leave – from how many weeks you can take off to what paperwork you’ll need to what to do if your employer pushes back. Let’s dive in, step by step.
If you are having pushback from your employer taking your rightful maternity leave, it may be time to speak with an attorney. Our team of employment attorneys at Kessler Matura P.C. is known as one of the top firms in the state for maternity leave cases. If you have any questions, you can contact us here or call 631-499-9100 for a free consultation.
Understanding Maternity Leave Rights in New York
In New York, “maternity leave” is usually a combination of parental bonding leave and (for birth mothers) medical leave for recovery. The New York Paid Family Leave law is the cornerstone, essentially parental leave in New York. Under NY Paid Family Leave, eligible employees can take time off to bond with a new child – whether by birth, adoption, or foster placement – and receive a portion of their pay. Crucially, your job is protected while you’re on this leave so that you can return to the same or an equivalent position afterward. You can see more details on the Paid Family Leave site. New York’s program is quite generous compared to many places.
It’s important to understand that New York’s Paid Family Leave (often called NY PFL) is an insurance-based benefit. Employers deduct a small amount from employees’ paychecks to fund it (so you’ve essentially paid into the system yourself). When you take leave, an insurance carrier (funded by those contributions) pays your benefit. This means even small businesses must provide this leave – it’s not optional for covered employers. The term “maternity leave” can also include any short-term disability leave a birth mother might take for pregnancy or childbirth recovery (more on that later). Still, NY PFL provides time to bond with your baby for both mothers and fathers. In summary, New York has created a safety net so welcoming a child doesn’t force you to choose between your family and your paycheck.
How Long Does Maternity Leave New York?
New York State law provides up to 12 weeks of maternity/parental leave to bond with a new child in one year. In other words, you can take a maximum of 12 weeks off work after the birth, adoption, or foster placement of a child under NY’s Paid Family Leave program. This 12-week leave can be taken all at once or, if you prefer, spread out over time (for example, you could take leave in chunks or a few days per week) as long as it’s within 12 months of your child’s arrival. Twelve weeks is the standard duration for maternity/parental bonding leave in New York – it’s the same for mothers, fathers, and adoptive parents.
It’s worth noting that the NY Paid Family Leave benefit started at 8 weeks when first introduced and gradually increased to 12 weeks as of 2021. Now, 12 weeks is the ongoing benefit per year. If you have twins or multiple new children at once, it’s still 12 weeks total for that single birth or adoption event (not per child). And if you have another child a year or two later, you’d get another 12 weeks for that separate event. The law allows up to 12 weeks of leave in any 52 weeks.
Birth mothers often have an additional type of leave available: short-term disability for childbirth recovery. New York requires employers to provide short-term disability insurance for employees’ illnesses or injuries (including pregnancy and childbirth). Typically, a recovering mother might take 6-8 weeks of disability leave (6 weeks for a vaginal birth, 8 for a C-section, for example) to heal from childbirth, and that leave pays a small benefit (often around half salary, capped at $170/week under NY’s disability law). You cannot receive Paid Family Leave and disability benefits simultaneously, but you can take them back-to-back. For instance, a new mother could use her disability leave for 6 weeks of recovery and then take 12 weeks of Paid Family Leave for bonding.
Remember that Paid Family Leave for bonding must be taken within 12 months of the child’s birth or placement. You don’t necessarily have to start it immediately after birth – some parents might, for example, return to work for a bit and then take bonding leave a few months later. However, you cannot use NY Paid Family Leave before the birth. (If you need time off for pregnancy complications or bed rest before the baby is born, that would fall under disability leave or sick leave, not PFL – PFL only begins after the child’s birth or adoption.
What Benefits Does New York Paid Family Leave Include?
Knowing you can take time off is great – but can you afford it? And will your job still be? Under New York’s program, the answer is designed to be “yes” on both counts: you’ll receive partial pay while out, and you’ll have job protection, so you’re not risking your livelihood by taking leave.
Here’s what to expect:
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Partial Pay (Wage Replacement): While on NY Paid Family Leave, you receive 67% of your average weekly wage, up to a cap set by the state. Practically, if you earn a modest salary, you’ll get about two-thirds of your normal pay during your leave. If you earn a very high salary, the cap means your benefit maxes out at a certain weekly dollar amount. For example, in 2025, the maximum weekly benefit is $1,177.32 (67% of the NY statewide average weekly wage). Most people will get something less than that, depending on their wages. To illustrate, earning $1,000 weekly, your PFL benefit would be about $670 weekly. If you earn $600 per week, your benefit is roughly $402 per week (two-thirds of $600).
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Job Protection: New York law guarantees you can return to your same job (or a comparable position) after leave. Your employer must hold your job for you. They cannot permanently fill your position or demote you due to your absence. “Comparable position” means if, for some reason, your exact role can’t be held (say the position is eliminated in a restructuring), they have to give you a role with the same pay and benefits and similar duties. You will have a job at the same level when you return.
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Health Insurance Continuation: If you receive health insurance through your job, your employer must continue your health coverage during your leave as if you were still working. You will still be responsible for paying your normal share of the premium (for example, if you usually pay part of the monthly premium from your paycheck, you’ll need to arrange to pay that while you’re out). But they cannot drop your coverage. This is critical because you’ll want uninterrupted health insurance for yourself and your baby.
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Protection from Retaliation: It is illegal for your employer to retaliate against you for taking or requesting Paid Family Leave. They cannot fire you, threaten you, cut your hours, or otherwise punish you for using the leave you’re entitled to. New York has strong worker protections, and any interference with your leave rights can have legal consequences for the employer. We’ll discuss what to do if your employer tries to deny your leave or retaliate later, but know that the law is on your side here.
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Inclusive Definition of Family: While we’re focusing on maternity/parental leave (bonding with a new child), it’s worth noting NY PFL also covers leave to care for seriously ill family members (and some military family needs). For bonding leave specifically, it covers mothers, fathers, non-birth parents, adoptive parents, and
In summary, New York’s maternity and parental leave benefits include partial wage replacement (so you have some income), job security, continued health insurance, and strong protections against being mistreated for taking leave. It’s a system designed to ensure you can focus on your new baby during those precious weeks with peace of mind that your job and some income will be there.
Tips to Prepare for Your Maternity Leave
Maternity leave involves more than just filing paperwork. It’s a significant life and work event; a little preparation can go a long way. Here are some actionable tips to help you get ready for a smooth leave:
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Start the Conversation Early: Open communication with your employer is key. Inform your supervisor or HR of your pregnancy and leave plans in a comfortable but timely manner. Many women wait until after the first trimester or until showing; others inform immediately. There’s no legal deadline (aside from the 30-day notice before leave), but giving your workplace a heads-up allows them to plan for coverage while you’re out. It also demonstrates professionalism. You don’t have to have an exact date initially – just saying, “I’m due in July, and I plan to take the full 12 weeks of maternity leave starting then” is a good start. As the date approaches, keep them updated on any changes (e.g. if your doctor recommends you stop working a bit earlier).
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Understand Your Company’s Policies: While NY law sets the baseline, some employers offer more. Check your employee handbook or discuss additional maternity or parental leave benefits with HR. For example, some companies might offer a few extra fully paid weeks or allow a more extended leave of absence beyond the 12 weeks (even if unpaid). Others might have a policy about using sick or vacation days along with PFL. Ensure you know how your employer handles leave on top of the state law. Also, ask how they handle bonus eligibility, performance reviews, or other benefits during leave so you’re not caught off guard.
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Budget for Partial Pay: Because you’ll be getting only about 67% of your normal pay (and possibly capped) on PFL, it’s wise to plan financially. In the months leading up to leave, save a little extra to cushion the reduced income. Calculate what 67% of your salary is to know what your weekly benefit will look like. If you have the option, consider using some accrued vacation or sick time to supplement your PFL pay. For instance, you might use one paid vacation day per week to bump up that week’s income to nearly 100%. Discuss this with HR – some employers allow “partial PTO” usage concurrently with PFL. Also, if your spouse or partner has access to any paid leave or vacation, coordinate how you’ll cover expenses together when both of you are on leave. Planning a post-baby budget (factoring in any new fees, like diapers and healthcare, and the temporary drop in income) will reduce stress while you’re out.
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Organize Documentation Ahead of Time: We reviewed the necessary forms and documents. It’s helpful to fill out whatever you can in advance. You can even fill in portions of the PFL-1 form (except dates if you’re unsure) and gather any required identification documents. If you’re adopting, keep copies of the adoption papers handy. Know how you will get the birth certificate or hospital proof of birth. Sometimes, hospitals in New York give you a form, or you can request a newborn birth record quickly. Having a folder (physical or digital) with all necessary paperwork means when the baby arrives, you (or your partner) just have to assemble and send it rather than scramble while sleep-deprived.
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Plan Handoffs at Work: Work with your team to transition your duties smoothly as your leave approaches. Create a document for whoever is covering for you that lists your ongoing projects, deadlines, and any tips to keep things running. Set an out-of-office email reply indicating you’re on leave and whom to contact in your absence. This helps your employer and gives you peace of mind that things won’t fall apart without you. It can also reduce the temptation for coworkers or bosses to bother you during leave if you’ve delegated tasks.
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Know Your Health Insurance and Benefits Details: Talk to HR about how your benefits will continue. Ask how you’ll pay your health insurance premium contributions (some employers might have you pre-pay, others might bill you monthly or take from any PTO payout). If you have other benefits like a flexible spending account (FSA) or commuter benefits, clarify how those work during leave. Also, if you accrue vacation time or sick time normally, ask whether accrual pauses while you’re out (some companies pause it since you’re not actively working; others may continue as a nice gesture). Knowing these details prevents any surprises (like a lapsed benefit or a big bill) later.
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Explore Additional Support: Research other resources that might help during or after your leave. For example, New York State has a program for temporary disability (for the medical part of maternity leave) – you might already use that if you’re taking the post-birth disability leave. Also, determine whether you qualify for Paid Family Leave Assistance programs or if your city (e.g., New York City) offers family support services. Sometimes, community organizations provide free workshops for new parents on budgeting or legal rights. Additionally, connect with other parents at your workplace or friends who have taken maternity leave in NY – they can share what to expect and tips from their experience.
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Prepare for a Smooth Return: It might seem early, but consider discussing the return-to-work scenario before leaving. Some questions to address: Will you come back full-time immediately? (Most do, but some arrange a short phase-back like reduced hours for a couple of weeks – though not guaranteed by law, some employers accommodate it.) Can you use the remaining vacation to shorten your first weeks back? Are there any options to work from home if needed? An idea of this will help you mentally prepare and arrange childcare accordingly. Also, if you are breastfeeding, talk to your employer about setting up a lactation space and schedule for pumping when you return. Every employer in NY must provide break time and space (not a bathroom) for nursing mothers to express milk for up to three years after birth. Planning this now can smooth your transition later.
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Take Care of Yourself: This is more personal but important. Maternity leave is not a vacation; it’s a recovery and bonding period. Lining up help for the baby’s arrival (a partner, family member, or friend who can assist in the early days) will make your leave more restful. Think about meal prep, chores, etc., and don’t hesitate to ask for help. The less you worry about non-baby things, the more you can focus on your health and your child. Also, if you have any complications or your baby has special needs, know that NY PFL can be used anytime in the first year, so you could adjust your leave plans as needed (taking some later if the baby is hospitalized initially, for example). Prioritize your well-being and the baby’s – work will be there when you return.
FAQ: Maternity Leave Rights in New York
Q: How long do you take maternity leave in New York?
A: Under New York’s Paid Family Leave program, you can take up to 12 weeks off for maternity/parental leave. This is 12 weeks within 12 months to bond with your new child (by birth, adoption, or foster placement). If you’re a birth mother, you may also take additional time (usually 6-8 weeks) under short-term disability for recovery from childbirth, but the standard bonding leave is 12 weeks. In total, many birth moms take about 18 weeks combining disability + PFL, whereas fathers/partners take up to 12 weeks of PFL for bonding.
Q: Do I get full pay during maternity leave in NY?
A: New York’s leave is paid, but not 100%. You get 67% of your average weekly wage (about two-thirds of your pay), up to a cap set by the state. For example, if you earn $800 a week, you’d get roughly $536 per week. There’s a maximum weekly benefit (around $1,100 per week in 2025). It’s not your full salary but a significant partial wage to help you. You won’t have to use your savings entirely.
Q: Who pays New York Paid Family Leave?
A: The benefits are paid by an insurance fund funded by small payroll deductions from employees statewide. In other words, employees collectively pay into the Paid Family Leave system (you might see a deduction on your paycheck). When you take leave, the insurance company pays you the benefit. Employers typically have an insurance policy or use the state fund for PFL. So you’re claiming an insurance benefit you and others have paid for rather than getting a direct handout from your employer.
Q: What are the eligibility requirements for NY Paid Family Leave?
A: You must work for a private employer in NY and meet the minimum time worked: 26 weeks for full-time (20+ hrs/week) or 175 working days for part-time. You also must be a new parent (the leave has to be taken within 1 year of the child’s birth/adoption).
Q: Can fathers take parental leave in New York?
A: Yes. The Paid Family Leave program is gender-neutral and covers all new parents. Fathers, non-birth mothers, same-sex partners, etc., can take up to 12 weeks to bond with their new child, just like birth mothers. Sometimes, this is called paternity leave, but it’s the same law. So, if you’re a new dad working in NY, you have the right to Paid Family Leave. Many fathers in NY take it – it’s becoming common and accepted. You can take it at the same time as the mother or at a different time (some couples stagger their leaves to cover more total time at home).
Q: Is my job guaranteed while I’m on leave?
A: Yes. Your job (or an equivalent position) is guaranteed upon your return from NY Paid Family Leave. The law requires that you be restored to the same or a comparable job – meaning the same pay and level of responsibility – when you return. Your employer cannot permanently replace or demote you because you took leave. Also, your health insurance continues during a leave under the same conditions (you pay your normal share). Think of it like you pressed pause on your job; when you return, it resumes. If an employer violates this, they can face legal consequences for retaliation.
Q: What if my employer refuses to let me take leave or retaliates against me?
A: If you are eligible and follow the proper process, your employer has no legal right to stop you from taking leave. If they try to punish you for taking leave (fire you, write you up, cut your hours, etc.), that’s against the law.
Work with our Employment Attorneys
Our team of experienced employment attorneys at Kessler Matura P.C. is known as one of the top firms in the state for maternity leave cases. If you have any questions, you can contact us here or call 631-499-9100 for a free consultation.
