Understanding Federal FMLA and New York Paid Family Leave
The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave per year for qualified medical and family-related reasons. This leave is job-protected, meaning the employer must return the employee to the same or an equivalent job after the leave ends, and continue group health benefits during the absence.
New York offers additional protections through its Paid Family Leave (PFL) program, which is among the most generous in the country. Administered by the state’s Workers’ Compensation Board, PFL allows eligible employees to take paid leave to care for a seriously ill family member, bond with a new child, or assist with family matters arising from a military deployment. In 2025, eligible employees can take up to 12 weeks of leave at 67% of their average weekly wage up to a maximum amount set by law. Most private employers in New York are required to provide PFL, regardless of size.
Unlike FMLA, which is unpaid, PFL provides wage replacement. Both programs offer job protection during leave, but employees must meet different eligibility requirements. For example, FMLA requires 12 months of employment and 1,250 hours worked, whereas PFL generally requires 26 consecutive weeks of employment (for full-time workers) or 175 days (for part-time workers).
Can You Be Laid Off While on Protected Leave in New York?
Although both FMLA and PFL include job protection, they do not make employees immune to layoffs. An employer can terminate an employee on leave if the termination is based on legitimate business reasons unrelated to the leave, such as downsizing, a business closure, or other non-discriminatory restructuring.
However, if the employer cites the employee’s use of leave as a reason for termination, or if the timing of the layoff appears suspicious, this may constitute unlawful retaliation or interference. Under both federal and state law, employers cannot penalize, threaten, or discharge employees for exercising their leave rights. In cases where retaliation is suspected, the burden shifts to the employer to prove the termination would have happened regardless of the leave.
Employees returning from PFL or FMLA must be reinstated to the same or a comparable job, and their benefits, including health insurance and seniority, must remain intact during leave. New York employers also cannot require employees to waive their right to reinstatement or discourage them from applying for PFL.
What to Do If You Are Laid Off While on Leave
If you are laid off during or shortly after taking FMLA or PFL, you should act quickly to gather documentation, including termination letters, emails, and performance reviews. Compare your situation to others at your company to determine if the layoff was applied consistently. If the facts suggest that your leave was a factor in your dismissal, consult an employment attorney to explore your options. Legal remedies may include reinstatement, back pay, or compensatory damages under state and federal law.
Robust Leave Benefits, but Proof Matters
New York provides powerful job protections and paid benefits through both federal and state programs. However, neither FMLA nor PFL completely insulates employees from valid terminations. If a claim is filed, employers must clearly demonstrate that any layoff or dismissal during leave or after the leave is unrelated to the employee’s protected status. If you suspect otherwise, contact Romano Law to defend your rights and ensure fair treatment under the law.
Contributions to this blog by Kennedy McKinney.
