How to Apply for Maternity Leave in New York

How to apply for maternity leave in New York? New York State doesn’t have a law for maternity leave. Instead, it refers to the Family and Medical Leave Act (FMLA) which was signed into law in 1993 by President Bill Clinton.

The state provides disability benefits while pregnant but support ends when you give birth so new parents need FMLA relief after their child’s born too!

How to apply for maternity leave in New York

New York State is one of the few to use Federal leave laws instead of its own. This means that if you’re looking for relief from work-related duties, then it’s best to follow what federal guidelines say about these matters rather than just following NY state law.

The Family and Medical Leave Act (FMLA) provides eligible employees with up to twelve weeks of attendance in any one year for their serious health issue, caring for family members who have been diagnosed as having certain illnesses or receiving care prescribed by a medical professional related directly to the employee’s job responsibilities at work.

Handling matters related to military deployment such as those involving relocation of servicemember spouse/partner parent-child, etc.; bonding time after becoming new parents.


How to apply for maternity leave in New York?

Step 1: Complete PFL-1 Form 

  • Complete PFL-1, Part A. 
  • Provide PFL-1 to the employer. 
  • Employer completes PFL-1, Part B and returns to you within 3 days.


Step 2: Collect the Supporting Document

Here, you have three choices:

  • To bond with a newly born, adopted or fostered child 

    • Complete Form PFL-2
    • Complete PFL-2 and collect supporting documentation. 


  • To care for a family member with a serious health condition 

    • Complete Form PFL-3 
      • The care recipient completes PFL-3 and provides it to a health care provider. The Care recipient’s health care provider keeps PFL-3 on file. 
    • Complete Form PFL-4 
      • Complete “Employee” information at the top of PFL-4. Provide PFL-4 to care recipient’s health care provider. The Care recipient’s health care provider completes PFL-4 and returns it to you. 
  • To assist family members due to another family member active military duty or impending active duty abroad 

    • Complete Form PFL-5 
      • Complete PFL-5 and collect supporting documentation. 


Step 3: Send the form and Supporting Documents:

  • Send completed forms and supporting documentation to the insurance carrier.
  • Insurance carrier accepts or denies claim within 18 days. 
  • You do not need to wait for this decision to start your leave.


Do I need to take all my leave at once?

Not at all! In New York, you can take bonding leave in full-day increments. This might arise if the new child needed surgery and wanted time off from work to care for him or her; alternatively, maybe your partner will decide they want four weeks of bonding while another person takes over for two weeks at a go before switching back again! NYPFL offers total flexibility when it comes down to how much family Leave one wants (and needs).


Can my Spouse or partner get parental leave too?

The law applies to both women and men, for straight or LGBT households. Many families decide that one parent will take leave first followed by the other when they return to work; if this isn’t possible then you can wait until your partner returns before taking any time off together (unless he/she expressly forbids it).

Additionally, parents working for the same employer may also choose to decide to both take the leave at the same thing except this is prohibited by the employer.


Are Adopted and Surrogates eligible for maternity leave in New York?

The New York Peral Partners program is still open to all eligible parents, no matter the circumstances. You’ll just need documentation like a birth certificate or adoption papers to show you’ve added children before- Parents who have adopted can also apply for this if they’re willing and ready!


Is the leave pay tax?

Yes, NYPFL benefits are taxable and must be included in federal gross income. Premiums are deducted from employees’ after-tax wages which means that you’re paying for it upfront through taxes or as part of your paycheck biweekly – but this is a great opportunity!

Insurance carriers won’t automatically withhold taxes from employees’ payments unless requested by them at the time they make their contribution to receive these paid premiums back with Interest Earned Credit (IEC).

You can do so yourself before submitting returns each year if withheld funds aren’t enough on their own; just contact an accountant who may also have experience helping people navigate ACA rules regarding health care coverage.


Do I still get health benefits while I am out of leave?

Your employer must continue health insurance benefits while you’re out on leave, just as if they were continuing your employment. You will still be required to pay for any contribution that may have been incurred during work hours and not take advantage of unpaid time off programs like disability or family care leaves.



I believe I have answered most questions you will have about maternity leave in New york. If you have more questions, the best place to start is always with your company’s Human Resources department.

If you don’t feel ready or willing enough to tell them about the new addition, then make sure that they have a copy of the employee handbook in which all relevant information can be found and answered.

For more specific questions like those regarding law regulations on parental leave for fathers/husbands who adopt children from out-of-state adoption agencies into New York State families here are some numbers: (844) 337-6303; submit an inquiry through their website.

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