Denied Leave from Work

New York workers have access to multiple overlapping leave protections at the federal, state, and city level. If your employer denied your leave or punished you for taking it, that's illegal.

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Your Leave Protections

Federal FMLA

Benefit

12 weeks unpaid, job-protected leave

Eligibility

50+ employees, 12 months employed, 1,250 hours worked

Qualifying Uses

Birth/adoption, serious health condition, family care, military leave

NYS Paid Family Leave (2026)

Benefit

12 weeks at 67% of average weekly wage, capped at $1,228.53/week

Eligibility

Nearly all private-sector employees; 26 weeks full-time or 175 days part-time

Qualifying Uses

Bonding with new child, family care, military family assistance

NYC Sick & Safe Time (Expanded 2026)

Benefit

Up to 56 hours paid (100+ employees) or 40 hours paid (5-99 employees)

Eligibility

All NYC employees working 80+ hours/year, including undocumented workers

Qualifying Uses

Illness, family care, domestic violence, workplace violence (new 2026), public disaster

Pregnancy-Related Leave

Pregnant workers in NYC have multiple overlapping protections that can be stacked for extended leave:

1

NYC Pregnant Workers Fairness Act

Reasonable accommodations — bathroom breaks, lifting restrictions, schedule changes

2

NYS Disability Insurance

Partial wage replacement during disability around childbirth (typically 6–8 weeks)

3

Paid Family Leave

Up to 12 weeks paid bonding time after the disability period

4

FMLA

12 weeks job-protected leave (runs concurrently with PFL)

Denied Leave? Punished for Taking It?

It's illegal for employers to deny protected leave, count it against your attendance, or retaliate in any way. An attorney can evaluate your case at no cost.

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