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Leave of Absence (FMLA) (including FMLA (Leave of Absence))
National Summary
Leave of absence laws give employees the right to leave for a variety of reasons—personal or family illness, pregnancy, military service, family military leave, and other personal reasons. A leave of absence of between 12 and 26 weeks must be given to qualifying employees under the federal Family and Medical Leave Act (FMLA). The medical leave act provisions require covered employers to grant leave to eligible employees for their own serious health conditions, to care for a covered family member with a serious health condition, and for family military leave for a qualifying exigency or to care for a seriously injured or ill servicemember or veteran. The family leave provisions also require covered employers to grant leave to eligible employees after the birth, adoption or foster care placement of a child, to bond with the child.
New York Summary
Some states have comprehensive laws that require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness, but New York does not currently have such a law. However, New York employers with 50 or more employees are likely covered by the federal Family and Medical Leave Act.Effective January 1, 2018, all employees covered by the state’s temporary disability insurance law who have worked for an employer for 26 or more consecutive weeks will be eligible for paid family leave. The amount of leave and compensation available through the state’s employee-funded system will be phased in from January 1, 2018, through January 1, 2021.

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TopicTypeTitleDateState
11033analysis.aspxLeave of Absence (FMLA)Analysis Leave of Absence (FMLA)  National
13551analysis.aspxLeave of Absence (FMLA)Analysis Leave of Absence (FMLA)  New York
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