FMLA in New York State

All Employers

Parental Discrimination

• Any employer who permits employees to take leave upon the birth of an employee's child must also permit the same terms and conditions of leave for an adoption.
• An adoptive parent is not entitled to childcare leave if the child is the minimum age for attending public school.
• There are more extensive entitlements for the adoption of hard to place children.

Medical Donations

When an employee seeks to donate bone marrow, a leave of absence must be granted for up to 24 hours as determined by a doctor. The employer may request verification. In a given year, an employee may take up to 3 hours leave to donate blood.

Family Military Leave

When an employee's spouse is on leave from deployment to a military conflict, the employee may take up to 10 days unpaid leave.

Bereavement Leave

• An employer has the discretion to offer bereavement or funeral leave for the death of a spouse, child, parent or other relative of a spouse. The same benefits must be extended to employees in "committed" same-sex relationships.
• "Same-sex committed partners" are defined as committed in a way common to spouses.

State Employers

Marriage Equality Act

• Grants the same leave rights and responsibilities to same-sex married couples as to heterosexual unions.
• This law affects private sector employees only, for parental discrimination, medical donations, family military leave, and bereavement leave.
• For same-sex couples employed in the public sector, state-mandated maternity, sick and medical donation leave applies.

Sick Leave

• Accumulates at 8 days for every 12 months
• Since Jan.1, 2001, up to 200 days of accumulated sick leave may be used to pay for health insurance upon retirement.
• Accumulates at 4 days for every 6 months of service for part-time employees. Leave is prorated according to the percentage of full-time service the employee provides.
• Certification of illness or disability may be required.
• A fitness-for-duty test may be required before employee may return to work.

Sick leave may be used for:

• Employee's illness or disability including pregnancy and childbirth.
• Illness or death in the employee's family, up to 15 days in a 12-month period.
• For handicapped employees: up to 26 days in a 12-month period may be used to obtain and train a service animal (accompanied by doctor's certification). Proof of need may be required.
• Doctor or dentist appointments.

Medical Donations

• When an employee seeks to donate bone marrow, a paid leave of absence must be granted up to 7 days.
• When an employee seeks to donate an organ, a paid leave of absence must be granted up to 30 days.
• Employee must give at least 14 days written notice.
• Verification of purpose and length of bone marrow donation from the physician may be required by the employer.

Private-Sector Employers

The state of New York does not have a family or medical leave law. Implementation such a law is currently under investigation.