2023 Guide to Unpaid Leave of Absence New York State
Understanding Unpaid Leave of Absence in New York State
Unpaid leave of absence is a protected right for eligible employees in New York State. The Family and Medical Leave Act (FMLA) provides employees with up to 12 weeks of unpaid leave for specific medical and family reasons.
This law applies to all public agencies and private employers with 50 or more employees.
New York State has additional leave rights and protections as well, including the New York Paid Family Leave and New York City Earned Sick Time laws. These laws provide eligible employees with paid and unpaid leave for medical and family reasons.
However, it’s important to note that these laws may have different requirements and limitations compared to the FMLA.
Eligibility for Unpaid Leave of Absence
To be eligible for unpaid leave of absence under the FMLA, an employee must have worked for their employer for at least 12 months and have worked at least 1,250 hours in the past 12 months. The employee must also work for a covered employer, which includes private employers with 50 or more employees and public agencies.
Are you an employee in the state of New York? Do you want to know more about unpaid leave of absence?
Check out this YouTube video titled “New York State Paid Sick Leave Proposed Regulations” for all the information you need!
New York’s Paid Sick Leave Law
New York’s Paid Sick Leave Law requires most employers to offer sick leave to their employees, and it entitles employees to take leave for their physical or mental health needs or for the health needs of their family. However, if an employee requires time off for reasons other than illness or family caregiving, they may need to take an unpaid leave of absence.
Employers with 100 or more employees are required to provide up to 56 hours of paid sick leave per calendar year, while employers with 5-99 employees must provide up to 40 hours of paid sick leave per calendar year. Employers earning a net income of $1 million or less must provide up to 40 hours of unpaid sick leave per calendar year.
New York Laws on Unpaid Family and Medical Leave
Family and Medical Leave Act (FMLA)
Under the Family and Medical Leave Act (FMLA), eligible employees may take up to 12 weeks of unpaid leave per year for certain family or medical reasons. The FMLA applies to employers with 50 or more employees within a 75-mile radius of the employee’s worksite in New York State.
Employees who have worked for a covered employer and meet the qualifying criteria may be eligible for FMLA job-protected leave for the following reasons:
- to care and bond with a newborn, adopted or foster child
- to care for the employee’s spouse, child or parent with a serious health condition
- to recover from the employee’s own serious health condition
- to spend time with a family member on active duty in the armed services
Paid Family Leave in the state of New York.
New York State Paid Family Leave law took effect on January 1, 2018, and provides eligible workers with job-protected, paid leave for up to 12 weeks in a 52-week period when they need time to:
- Bond with a newly born, adopted, or fostered child
- Care for a family member with a serious health condition
- Assist loved ones when a family member is called to active military service overseas.
This law covers most private employers in New York State. Employers with 100 or more employees are required to provide up to 56 hours of paid sick leave per calendar year, while employers with 5-99 employees must provide up to 40 hours of paid sick leave per calendar year.
Employers with a net income of $1 million or less must provide up to 40 hours of unpaid sick leave.
New York Laws on Military Leave
Under New York State law, military leave is defined as time off from work for service in the US Armed Forces, including orientation, drills, and annual training.
New York State employers must allow employees to take military leave without retaliation or discrimination. Moreover, they must protect the employee’s job and benefits while they serve.
According to the law, employees are entitled to up to 30 days of unpaid military duty leave per year. The employer is also required to provide 20 days of paid military leave for training or service in the New York National Guard.
In case the employee is called into active duty, they are also entitled to up to 30 days of paid military leave.
Leave of absence without pay in the state of New York.
If an employee uses up all accrued sick leave, vacation pay, and personal days, they may request an unpaid leave of absence. However, employers are not legally required to grant an unpaid leave of absence but may choose to do so in some circumstances.
Employers can also choose to provide paid time off as part of their employee benefits package.
New York Laws on Time Off for Voting
In New York State, employers must allow employees to take up to two hours of paid time off to vote if they do not have sufficient time to do so during non-work hours. Employers must post a notice of employee voting rights at least 10 working days before every election day.
New York State Paid Family Leave
New York State Paid Family Leave provides eligible employees with job-protected, paid time off to bond with a newly born, adopted or fostered child, care for a family member with a serious health condition, or assist a loved one when a family member is deployed abroad on active military service. Eligible employees can take up to 12 weeks off per year and receive up to 67% of their average weekly wage during the leave period.
Leave Under the Family and Medical Leave Act (FMLA)
Under the Family and Medical Leave Act (FMLA), eligible employees who work for covered employers may be entitled to up to 12 weeks of unpaid, job-protected leave to care for a newborn child, newly adopted child, or a family member with a serious health condition, or to recover from their own serious health condition. Employers with 50 or more employees are covered by the FMLA.
Unpaid Military Leave
An employee who is a member of the reserves, National Guard or other branch of the U.S. armed forces is entitled to unpaid military leave. Under the U.S. military laws, employers are prohibited from discriminating against an employee because of their military service.
Employees cannot be terminated or denied employment because they serve in the military or take leave for military service.
New York Laws on Time Off for Jury Duty
In New York State, employees who are summoned for jury duty must be granted the necessary time off to serve, whether or not they are full-time or part-time employees. This time off is generally unpaid; however, employees must be paid if their contract or the company’s policy allows for it.
Employers are not allowed to retaliate against or penalize employees for serving on a jury.
Additionally, an employer of 10 or fewer employees may withhold the full wages of an employee absent from work on account of jury service. An employer of 10 or more employees must pay an employee serving on jury duty, the first $40.00 of their daily wage for the first three days of jury service.
Employees who serve on a jury are usually entitled to deferment of any work-related activities during the period of the jury service. This means that they cannot be asked to work any overtime or attend work-related events that have a starting time during the period of their jury service.
However, these employees may voluntarily attend work events that have a starting time before or after their jury service for that day.
Frequently Asked Questions
What is a leave of absence?
What are the requirements for taking unpaid leave in New York State?
Unpaid Leave of Absence in New York State
Employees who work in New York State and meet certain criteria can take a job-protected leave of absence under the Family and Medical Leave Act (FMLA) for up to 12 weeks of unpaid time off to care for themselves or a family member. Employers with 100 or more employees are required to provide paid sick leave of up to 56 hours per calendar year, while employers with 5-99 employees must provide up to 40 hours of paid sick leave per calendar year.
However, if the net income is $1 million or less, employers must provide up to 40 hours of unpaid sick leave. In addition, employees may be eligible for New York State Paid Family Leave to bond with a new child or care for a family member with a serious health condition.
Other Leave of Absence Options
Employees may also be eligible for other types of leave, such as military leave under 5 U.S.C. 6323 (a), which provides 15 days per fiscal year for active duty, active duty training, and inactive duty training.
