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New York maternity leave and paid family leave

How paid leave works in New York when you have a baby: weeks for pregnancy and bonding, how much it pays in 2026, whether your job is protected, and how to apply.

Checked October 2026 · 13 sources

Short answer

New York pays up to 12 weeks of Paid Family Leave to bond at 67% of wages (max $1,228.53 a week in 2026); disability benefits for pregnancy and recovery pay only 50%, up to $170 a week.

12 wk

of paid leave to bond with your baby

New York State Workers’ Compensation Board

$1,229

the most it pays per week in 2026, a ceiling, not a typical benefit

New York State Workers’ Compensation Board

Apply for paid leave

Claims go to New York State Workers’ Compensation Board. Tell your employer early.

The rules in New York

Yes

New York Paid Family Leave (PFL) and Disability Benefits Law (DBL) short-term disability

The rules
Pregnancy and recovery, typicalWCB says DBL pays a pregnant worker for 4 weeks before the due date and 6 weeks after birth (8 weeks after a C-section). It can extend up to 26 weeks with documentation from your provider. PFL bonding starts after birth and can't be paid at the same time as DBL.
Legal maximum, your own health26 weeks
Bonding with your babyUp to 12 weeks
Medical and family leave combinedUp to 26 weeks a year
PayPFL (bonding): 67% of your average weekly wage, up to 67% of the NY State average weekly wage: max $1,228.53/week in 2026. DBL (your own pregnancy/childbirth disability): 50% of your average weekly wage for the last 8 weeks worked, max only $170/week.
2026 weekly maximum$1,229 (a ceiling, not a typical benefit)
Waiting periodDBL: 7-day unpaid waiting period; benefits start on the 8th consecutive day of disability. PFL bonding: no waiting period.
Job protectionPFL is job-protected: after PFL you're entitled to your same or a comparable job with the same benefits and pay. The law sets no employer-size test; the 26-week/175-day eligibility rule applies. DBL time for your own pregnancy or childbirth recovery has no job protection under the DBL law, so federal FMLA (50+ employees, 12 months, 1,250 hours) is the main protection for that period. NY law also bars retaliation for taking legally protected absences.
Who qualifiesPFL: you must be employed by a covered NY employer, working 20+ hours/week for 26 consecutive weeks or fewer than 20 hours/week for 175 days worked. Most private employers must carry DBL and PFL. Public employers and self-employed people can opt in. Construction workers under a CBA get an alternative test starting in 2027. DBL: eligible after 4 consecutive weeks with a covered employer, and you must be under the care of a physician, certified nurse midwife or other listed provider. Claims go through your employer's insurance carrier, not the state.
Paying sinceJanuary 1, 2018

Checked October 2026. Benefit amounts usually change January 1 and July 1, so confirm with New York State Workers’ Compensation Board before you plan. Job protection often comes from a different law than the pay; the job protection row says which.

The $1,228.53 max is 67% of the 2024 New York State average weekly wage ($1,833.63). You file PFL and disability claims with your employer's insurance carrier, not the state; the disability claim form is DB-450 (https://www.wcb.ny.gov/content/main/forms/db450.pdf). The usual path for moms: DBL for about 4 weeks before plus 6–8 weeks after birth, then PFL bonding within 12 months of birth. DBL and PFL combined can't exceed 26 weeks in any 52-week period, so a 10-week DBL claim leaves the full 12 weeks of PFL (22 total). Each parent can take 12 weeks of PFL. Unchanged in 2026: the DBL max is still $170/week. Also note the separate Paid Prenatal Leave law (Labor Law § 196-b, since January 1, 2025): 20 hours of paid leave per 52 weeks for prenatal care for private-sector employees, with no minimum work requirement. WCB reported the 2025 NYS average weekly wage as $1,922.25 (April 2026). The 2027 PFL maximum is set by the Department of Financial Services.

Sources: New York State Workers’ Compensation Board; New York State Department of Labor; New York State (paidfamilyleave.ny.gov); National Partnership for Women & Families. Data as of October 2026.

Questions about maternity leave in New York

How long is maternity leave in New York?

WCB says DBL pays a pregnant worker for 4 weeks before the due date and 6 weeks after birth (8 weeks after a C-section). It can extend up to 26 weeks with documentation from your provider. PFL bonding starts after birth and can't be paid at the same time as DBL. New York Paid Family Leave (PFL) and Disability Benefits Law (DBL) short-term disability pays up to 12 weeks to bond with your baby. The legal maximum for your own health condition is 26 weeks, and medical and family leave together are capped at 26 weeks a year.

How much does New York paid family leave pay?

PFL (bonding): 67% of your average weekly wage, up to 67% of the NY State average weekly wage: max $1,228.53/week in 2026. DBL (your own pregnancy/childbirth disability): 50% of your average weekly wage for the last 8 weeks worked, max only $170/week. The weekly maximum in 2026 is $1,229, a ceiling rather than a typical benefit.

Is my job protected while I'm on leave in New York?

PFL is job-protected: after PFL you're entitled to your same or a comparable job with the same benefits and pay. The law sets no employer-size test; the 26-week/175-day eligibility rule applies. DBL time for your own pregnancy or childbirth recovery has no job protection under the DBL law, so federal FMLA (50+ employees, 12 months, 1,250 hours) is the main protection for that period. NY law also bars retaliation for taking legally protected absences.

Who qualifies in New York?

PFL: you must be employed by a covered NY employer, working 20+ hours/week for 26 consecutive weeks or fewer than 20 hours/week for 175 days worked. Most private employers must carry DBL and PFL. Public employers and self-employed people can opt in. Construction workers under a CBA get an alternative test starting in 2027. DBL: eligible after 4 consecutive weeks with a covered employer, and you must be under the care of a physician, certified nurse midwife or other listed provider. Claims go through your employer's insurance carrier, not the state.

How does it work with FMLA?

The federal Family and Medical Leave Act (FMLA) gives eligible workers up to 12 weeks of unpaid, job-protected leave in a 12-month period for a birth and to care for the newborn, or for their own serious health condition, including pregnancy complications and recovery from childbirth. Health coverage continues during leave, and you return to the same or an equivalent job.

Sources

  1. 1.Introduction to the Disability Benefits Law (employee disability benefits) New York State Workers’ Compensation Board. Accessed October 9, 2026.
  2. 2.Subject Number 046-1754: New Maximum Weekly Benefit Rate Effective July 1, 2025 (reports 2024 NYS average weekly wage) New York State Workers’ Compensation Board. Accessed October 9, 2026.
  3. 3.Subject Number 046-1805: New Maximum and Minimum Weekly Benefit Rates (reports 2025 NYS average weekly wage) New York State Workers’ Compensation Board. Accessed October 9, 2026.
  4. 4.Paid Prenatal Leave Law: Employee Fact Sheet (P695) New York State Department of Labor. Accessed October 9, 2026.
  5. 5.New York State Paid Family Leave New York State (paidfamilyleave.ny.gov). Accessed October 9, 2026.
Show all 13 sources
  1. 6.State Paid Family & Medical Leave Insurance Laws (chart, April 2026) National Partnership for Women & Families. Accessed October 9, 2026.
  2. 7.State paid family and medical leave contributions and benefits (Feb. 6, 2026) Mercer Law & Policy Group. Accessed October 9, 2026.
  3. 8.29 CFR 825.100 The Family and Medical Leave Act Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  4. 9.29 CFR 825.104 Covered employer Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  5. 10.29 CFR 825.110 Eligible employee Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  6. 11.29 CFR 825.200 Amount of leave Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  7. 12.29 CFR 825.214 Employee right to reinstatement Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  8. 13.Family and Medical Leave Act (FMLA) U.S. Department of Labor. Accessed October 9, 2026.