Parental Leave Policy — New York

Sample Parental Leave Policy

*This is a sample draft for review by qualified legal counsel before adoption. It is not legal advice and does not create a contract of employment.*

Purpose

This policy exists to support employees who become parents — whether by birth, adoption, or foster placement — by providing job-protected leave and, where applicable, paid benefits during that transition.

Scope

This policy applies to all full-time and part-time employees of [Company Name] who have completed at least 12 months of continuous employment and worked at least 1,250 hours in the preceding 12-month period. Employees who do not yet meet those thresholds may still qualify for unpaid leave or state-mandated benefits — contact HR for details.

Policy

Leave Entitlement

• Eligible employees may take up to 16 weeks of parental leave per qualifying event.
• Leave may be taken for the birth of a child, adoption of a child under age 18, or placement of a foster child in the employee's home.
• Both parents employed by [Company Name] are each entitled to their own full leave entitlement; leave is not shared between them.

Pay During Leave

• The first 8 weeks of parental leave are fully paid at the employee's regular base salary.
• Weeks 9 through 16 are unpaid, unless the employee is receiving state paid-family-leave wage replacement (see the New York Supplement below) or short-term disability benefits, in which case those benefits run concurrently.
• Employees are not required to exhaust accrued PTO before receiving paid parental leave, but may choose to do so to supplement unpaid weeks.

Benefits Continuation

• The company will maintain the employee's health, dental, and vision insurance on the same terms as if the employee had continued working throughout the leave period.
• Other benefits (401(k) contributions, accrual of PTO) continue according to their own plan terms.

Job Protection

• Employees returning from parental leave are entitled to return to the same position or an equivalent position with the same pay, benefits, and seniority.
• [Company Name] will not retaliate against any employee for requesting or taking parental leave.

Intermittent or Reduced-Schedule Leave

• Employees may take parental leave intermittently or on a reduced schedule by prior written agreement with their manager and HR.
• Intermittent leave must be taken in minimum increments of four hours.

Prohibition

• Managers may not discourage, deny, or penalize the use of this leave.
• Leave taken under this policy may not count negatively in any performance review, attendance record, or promotion decision.

Procedure

1. Notify HR and your manager as early as possible — ideally at least 30 days before the anticipated leave start date. For unexpected events (early delivery, emergency placement), notify as soon as practicable.
2. Complete the Parental Leave Request Form, available on the HR portal. Submit it along with supporting documentation — for example, an expected due date letter from a healthcare provider, adoption placement paperwork, or a foster-placement notice.
3. HR will confirm eligibility in writing within five business days of receiving a complete request, including the approved leave start and end dates and the pay/benefit details that apply.
4. Coordinate benefits and payroll. HR will notify payroll and benefits administration. If you intend to apply for state paid-family-leave benefits (see New York Supplement), HR will provide the required carrier forms and assist with the application.
5. Stay in touch. Employees on leave are not required to work, but are encouraged to provide HR with at least two weeks' notice of their intended return date, especially if they plan to return earlier or later than scheduled.
6. Return to work. On your first day back, schedule a re-onboarding meeting with your manager. If a medical certification is needed (e.g., following childbirth), HR will let you know in advance.
7. If circumstances change. If an employee decides not to return, they should notify HR in writing. Any company-paid leave benefits received may be subject to repayment under the terms set out in the signed Leave Agreement — ask HR for details before leave begins.

Who approves leave?

HR approves parental leave in consultation with the employee's department head. A manager alone cannot deny a request that meets the eligibility criteria.

What if a request is denied?

The employee may appeal in writing to the [HR Director / VP of People] within 10 business days. The decision on appeal will be issued within 10 business days of receipt.

Questions

Contact the HR Department at [hr@company.com] or [phone number]. For questions about state paid-family-leave insurance claims, contact the carrier directly — HR can provide contact details. Employees who believe their rights under this policy have been violated may also contact the U.S. Department of Labor Wage and Hour Division or the applicable state agency.

New York Supplement

*This supplement applies to employees working in New York State and modifies or adds to the core policy above.*

New York Paid Family Leave (NY PFL)

• New York State requires most private-sector employers to provide Paid Family Leave funded through employee payroll deductions, administered through the company's NY PFL insurance carrier.
• In 2025, eligible employees may take up to 12 weeks of NY PFL at 67% of their average weekly wage, capped at 67% of the New York State Average Weekly Wage (NYSAWW) — confirm the current cap at nypaidleavelaw.com or with HR, as the cap adjusts annually.
• NY PFL runs concurrently with any unpaid weeks under this policy. The company's paid parental leave (weeks 1–8 above) may be coordinated with NY PFL so that the employee receives up to 100% of their regular pay when the two are combined — HR will calculate the coordination before leave begins.
• Employees must have worked for the company for 26 consecutive weeks (full-time) or 175 days (part-time) to be eligible for NY PFL. Employees who do not yet meet the company's 12-month eligibility threshold for the core policy may still qualify for NY PFL benefits.

New York City — Additional Considerations

• Employees in New York City should be aware that NYC Human Rights Law provides broad protections against discrimination related to pregnancy, childbirth, and related conditions. Contact HR or legal counsel for details specific to your situation.

Short-Term Disability Coordination

• New York also requires employer-provided short-term disability (NY DBL) benefits. A birthing parent may receive NY DBL benefits for the period of physical disability related to childbirth (typically 6–8 weeks), followed by NY PFL for bonding. HR will help sequence these benefits to maximize income continuity.

Job Protection

• NY PFL provides its own job-protection guarantee. Employees returning from NY PFL are entitled to return to the same or a comparable position.

Review Note

The following areas are actively shifting and should be reviewed by counsel before this policy is finalized or updated:

• Federal FMLA regulations. The Department of Labor periodically updates FMLA guidance; confirm that eligibility thresholds and notice requirements in this policy reflect current regulations.
• NY PFL benefit levels. The NY PFL weekly wage cap and benefit percentage adjust each January 1. Always confirm the current figures at the time of policy adoption and annually thereafter.
• Federal paid leave legislation. Congress has considered federal paid family and medical leave mandates in multiple recent sessions. No federal paid-leave law has passed as of the date of this draft, but the landscape may change.
• NYC Pregnant Workers Fairness / Accommodations. New York City and New York State have expanded pregnancy and lactation accommodation requirements in recent years. Ensure this policy is read alongside your accommodation and lactation-break policies.
• AI and remote-worker jurisdiction issues. If your workforce is distributed, employees who live and work in a different state than company headquarters may trigger other states' parental leave laws — a growing compliance issue for remote-first employers.

*Last reviewed: [Date]. Next scheduled review: [Date]. Reviewed by: [Name, Title].*