What is New York State’s Paid Maternity Leave in 2025?

New York State offers some of the strongest maternity leave protections in the US through its Paid Family Leave (PFL) program, which provides eligible employees up to 12 weeks of paid, job-protected time off for new parents. This works alongside the federal Family and Medical Leave Act (FMLA), granting 12 weeks of job-protected leave, though without pay. Together, PFL and FMLA ensure employees have broader family leave coverage and secure job protection.

For employers, the challenge is navigating eligibility rules, wage replacement limits, and compliance requirements. Missteps in administering maternity leave can lead to penalties, disputes, or compliance risks. Here’s what you need to know about New York’s paid maternity and family leave in 2025.

What does New York State maternity and family leave cover?

Under New York’s PFL, employees are covered in the following cases:

• Bonding with a newborn, adopted, or foster child (maternity and paternity leave)
• Caring for a seriously ill family member
• Handling certain military family needs

The FMLA also provides job-protected leave, with coverage including many of the same categories:

• Bonding with a newborn, adopted, or foster child
• Caring for a seriously ill family member
• Handling certain military family needs
• An employee’s own serious health condition, including recovery from childbirth

Employers in New York State must coordinate PFL and FMLA when an employee qualifies for both, ensuring maternity leave benefits and job protection are applied correctly.

What are the employee eligibility rules for New York State maternity leave?

Eligibility depends on the employee’s work schedule and duration of service. PFL and FMLA have different thresholds, which means some workers may qualify for one but not the other.

To qualify for PFL, employees must either:

• Have worked a regular schedule of 20+ hours per week for at least 26 consecutive weeks
• Have worked a regular schedule of fewer than 20 hours per week for at least 175 workdays (they need not be consecutive)

To qualify for FMLA, employees must satisfy all of the following:

• Have worked for their employer for at least 12 months (these months do not need to be consecutive)
• Have logged at least 1,250 hours of service during the 12 months before leave begins
• Work at a location where the employer has 50 or more employees within a 75-mile radius

If even one of these conditions is not met, the employee is not eligible for FMLA leave.

This means many employees in New York State qualify for PFL, even if they don’t meet the federal FMLA threshold. Employers operating in the state must remain vigilant to ensure they are not in breach of regulations.

How do PFL and FMLA compare in New York?

While both programs provide job protection during maternity and family leave, they differ in funding, benefits, and coverage. Understanding these differences helps employers and employees know exactly what support is available. Here is an at-a-glance table comparing both programs:

Which employers must provide New York State maternity leave?

Employer obligations differ under PFL and FMLA, and it’s important to understand where they overlap and where they don’t. Here are the key takeaways:

• All private employers in New York State are required to provide PFL
• Public employers are not automatically covered by PFL, but may opt in
• FMLA applies only to employers with 50 or more employees

For small and medium-sized businesses, this distinction is critical. Even if FMLA doesn’t apply, PFL still does.

What job protection and benefits come with New York State maternity leave?

Both programs protect jobs and ensure continued health coverage during maternity or paternity leave. The following protections are in place:

• PFL: Employees have the right to return to the same or a comparable position, keep their health insurance, and are shielded from retaliation
• FMLA: Provides similar protections, though the leave is unpaid

Both programs aim to ensure employees can prioritize family without sacrificing their careers.

How do employees apply for maternity leave in New York State?

Employees must take specific steps when applying for maternity leave in New York State:

• Give at least 30 days’ notice if the leave is foreseeable, such as for childbirth or adoption
• Submit a PFL-1 request form along with supporting documentation, such as a birth certificate, medical note, or adoption papers
• Employers must then review the request and coordinate coverage under PFL and FMLA if both apply

Clear documentation and communication are essential for avoiding delays or misunderstandings. Employees can also find guidance directly from the state’s Paid Family Leave site.

How do PFL and FMLA work together?

When employees qualify for both programs, leave typically runs concurrently. PFL provides partial wage replacement, while FMLA guarantees unpaid job protection. Employers must ensure accurate tracking, applying whichever program provides the best benefit to the employee.

What are the key compliance notes for employers in New York State?

Employers must stay compliant with state rules on wage replacement, payroll deductions, and workplace postings. Staying on top of these obligations reduces legal risks and ensures smooth leave administration. The specific regulations that must be followed are:

• 2025 PFL wage replacement: 67% of an employee’s average weekly wage, capped at 67% of the statewide average weekly wage (up to $1,757.19 USD per week)
• Funding: PFL is entirely funded through employee payroll deductions; employers do not contribute
• Workplace compliance: Employers must display the official PFL poster and keep employee handbooks updated

See more: Your Ultimate Guide to New York Payroll.

How can Deel PEO help with compliance?

New to managing parental and family leave laws in New York State? With Deel PEO, you can offload compliance risks and processes to ensure state-specific alignment. Deel provides the expertise and technology to make managing New York State maternity leave stress-free with the following features:

• Fully in-house operations for smoother support and workflows
• Expert payroll administration, HR, and benefits compliance
• Exclusive Aetna International benefits plans for W-2 employees traveling abroad
• Built-in compliance for both state and federal laws
• Access to 60+ domestic benefits plans with Fortune 500-level coverage
• On-demand HR support, policies, and training
• And more

Book a demo to find out more now.