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New York FMLA & State Leave Requirements For Employers

New York FMLA And Leave Law Guidelines And Requirements

The Family & Medical Leave Act (FMLA) is a federal law that applies to employer organizations with 50 or more employees for 20 or more workweeks in the current or previous calendar year.

The Family & Medical Leave Act does not take the place of other sources of leave, including New York's FMLA and other state leave laws. To the extent an organization subject to the FMLA is also subject to a state leave law, it must comply with both the FMLA and the state leave law.

The challenge in coordinating compliance with federal and state law is that the state leave laws may differ from FMLA law in employee eligibility criteria, as well as the length and type of protection.

New York's FMLA And Other Leave Laws

New York boasts that in addition to the federal FMLA law, it has "The Nation's Strongest Paid Family Leave Policy" NY's Paid Family Leave provides eligible employees job-protected, paid time off to:FMLA Training & Certification Program
  • Bond with a newly born, adopted or fostered child
  • Care for a family member with a serious health condition
  • Assist loved ones when a spouse, domestic partner, child or parent is deployed abroad on active military service
New York's Paid Family Leave also provides job protection, continued health insurance, and protection from discrimination or retaliation. Go to NY's https://paidfamilyleave.ny.gov/employees website for complete details.

How To Determine Whether FMLA Guidelines Or State Guidelines Apply In New York

Here are some guidelines if your organization is subject to both FMLA and New York leave law:
  • If an eligible employee wishes to take a leave that is covered under both the state leave law and the FMLA, then generally the leave can be run concurrently. In other words, it can be counted towards satisfying the requirements under both state and federal law simultaneously
  • If an eligible employee wishes to take a leave covered under the FMLA, but not also covered under the state leave law, that leave can only count towards satisfaction of the FMLA requirements. The total amount of leave available under the state law would still be available to that employee
  • If an eligible employee wishes to take a leave covered under the state leave law, but not also covered under the FMLA, that leave can only count towards satisfaction of the state leave law. The total amount of leave available under the FMLA (e.g., 12 weeks or 26 weeks) would still be available to the employee
Note: The above is excerpted from our FMLA Training & Certification Program.

Recommended Training For New York's FMLA Requirements

From seminars to webinars to online courses, HRTrainingCenter offers a variety of FMLA compliance training courses. Here is just some of what you will learn from our FMLA training classes:
  • FMLA rules on who is covered - and why
  • Employer posting requirements
  • Intermittent FMLA leave guidelines
  • Notification rules and requirements
  • Tracking leave, including tips for FMLA intermittent leave
  • How to identify patterns, trends, and leave abuse history
  • The most common abuses of FMLA
  • What needs to be included in your FMLA and ADA policies
Simply select one of our 'Recommended Courses' or use the search box to find your desired FMLA training course.To find other FMLA training courses, use the search box below.

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More Info On New York FMLA Leave Law

For specific information on New York's FMLA and other leave laws, contact:

New York Department of Labor
Building 12
W.A. Harriman Campus
Albany, NY 12240
(518) 457-9000
https://dol.ny.gov/







Disclaimer: This information provided is based on state laws and regulations, and is subject to change. While we make every effort to asure this information is current and accurate, it is not engaged in rendering legal or professional advice, and shall not be held responsible for inaccuracies contained herein.
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