Step 1: What state do you work in?

About you · step 1

so far: NY

What state do you work in?

Are you covered?

What a typical New York birthing parent gets

For an employee earning $75,000 per year, vaginal delivery, working 12+ months at a 50+ employee company:

18 weeks total · 18 paid · 0 unpaid · $12,616 wage replacement

New York's programs

DBL
26+ weeks (full-time) or 175 days (part-time) with current employer; medical recovery
PFL
Same tenure threshold as DBL; 12 weeks bonding leave
FMLA
50+ employee employer + 12 months tenure + 1,250 hours; 12 weeks federal job protection

New York operates two state programs for birthing parents and partners.

Paid Family Leave (PFL) provides 12 weeks of bonding leave at 67% of your average weekly wage, capped in 2026 at $1,228.53 per week (which is 67% of the New York State Average Weekly Wage of $1,833.63). PFL applies to birthing parents, non-birthing parents, adopting parents, and fostering parents, and there's no waiting period — you can claim from the first day of bonding leave.

Disability Benefits Law (DBL) covers the medical recovery portion of pregnancy at 50% of average weekly wage, but with a hard statutory cap of just $170 per week. That cap was set in 1989 and has not been raised since, even as wages and the cost of living have risen by multiples. The result: an $80,000 NY worker earning ~$1,538 per week would get only $170 from DBL during recovery — about 11% of their normal pay, compared to California's 70-90% replacement. Many employers offer supplemental short-term disability coverage to bridge this gap; check your benefits before assuming DBL is enough.

New York also requires up to 26 weeks of combined DBL + PFL in a 52-week period.

Eligibility and how to apply

Eligibility. Full-time employees qualify for both DBL and PFL after 26 consecutive weeks of work. Part-time employees qualify after 175 days of work.

Filing claims. PFL claims are filed at paidfamilyleave.ny.gov via your employer's insurance carrier (typically a private carrier — your HR department will know which one). DBL is filed similarly through the carrier. New York requires DBL and PFL to be taken sequentially, not concurrently — the standard pattern is DBL during medical recovery (6 weeks vaginal, 8 weeks C-section) followed by 12 weeks of PFL for bonding.

Federal FMLA runs concurrent with state programs at employers with 50+ employees within 75 miles.

Paid Prenatal Personal Leave is a separate New York benefit added in 2025: 20 hours per year of paid leave specifically for prenatal medical appointments and procedures. This is in addition to PFL/DBL and applies to all New York employees.

State-specific things worth knowing

The DBL cap is the most consequential quirk in New York's system, and the most often misunderstood. If you're earning above ~$340/week (twice the cap), DBL replaces less than half of your normal wages during recovery.

Many New York employers — especially in finance, tech, and law — offer voluntary short-term disability that supplements DBL to a higher percentage. Ask HR whether your company has supplemental STD coverage, what percentage it replaces, and how long the benefit lasts.

If you live out of state but work in New York, you are still required to participate in NY PFL and DBL; benefits travel with employment, not residence.

Construction worker eligibility expansion takes effect January 1, 2027 under collective bargaining agreements.

Frequently asked questions

Does my employer have to pay me during New York maternity leave?

New York requires employers to provide both Disability Benefits (DBL) and Paid Family Leave (PFL). DBL replaces 50% of weekly wages during medical recovery — but is capped at just $170/week (a number unchanged since 1989). PFL replaces 67% of weekly wages during bonding (12 weeks), capped at $1,228.53/week for 2026. Employers don't pay these directly — they're funded through employee payroll deductions and administered by state-approved insurance carriers. Some employers offer voluntary supplemental short-term disability that bridges the DBL gap.

Why is New York DBL only $170 per week?

New York's Disability Benefits Law was set in 1989 and the weekly cap has not been adjusted since. For an $80,000/year worker, that's about 11% of normal wages during the 6-8 weeks of medical recovery — the most consequential quirk in New York's system. Many NY workers, especially in finance, tech, and law, are covered by employer-supplemental short-term disability that pays the difference. Ask your HR department if your company offers it.

Can I take both DBL and PFL?

Yes — they're sequential, not concurrent. DBL covers your medical recovery period (6 weeks for vaginal delivery, 8 for C-section). After recovery, you transition to PFL for 12 weeks of bonding. Combined that's about 18-20 weeks of paid time off for birthing parents. Non-birthing parents go straight to 12 weeks of PFL.

How long do I have to work for my employer to qualify for NY PFL?

26 consecutive weeks of work for full-time employees, or 175 days of work for part-time employees. There's no employer-size requirement — even a single-employee employer must provide PFL coverage if they have employees in New York.

Does NY PFL include job protection?

Yes — built-in. PFL has job-protected status by law, so when you return from PFL bonding leave, your employer must restore you to your same or comparable position with equivalent pay and benefits. DBL alone does not have built-in job protection — you'd need federal FMLA or other state protections for the medical recovery portion.

What happens to my health insurance during NY maternity leave?

NY PFL requires your employer to continue your health insurance during PFL leave on the same terms (you continue paying your employee share). DBL doesn't have a federal-FMLA-equivalent insurance-continuation rule on its own, but if you also qualify for federal FMLA, federal protections apply during the medical recovery period.

What is Paid Prenatal Personal Leave?

A New York benefit added in 2025: 20 hours per year of paid leave specifically for prenatal medical appointments and procedures. It's separate from DBL and PFL — you don't have to use it during recovery, just during pregnancy itself. Available to all NY employees regardless of employer size or tenure.

Sources

Verified May 2026 against New York's official program documentation.