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MorningsideHealth & Risk

What's the difference between FMLA, NY PFL, and DBL?

Three overlapping leave/benefit programs that NY employers regularly confuse. They have different triggers, different funding, and different employee protections.

  • FMLA (Family and Medical Leave Act) is federal law, requires employers with 50+ employees, provides up to 12 weeks of unpaid, job-protected leave per year for the employee's own serious health condition, care for a family member's serious health condition, bonding with a new child, or qualifying military exigency. FMLA is unpaid — it protects the job, not the paycheck.
  • NY PFL (Paid Family Leave) is state law, applies to virtually all NY employers with 1+ employee, provides up to 12 weeks of paid, job-protected leave for bonding with a new child, caring for a family member's serious health condition, or military family deployment. PFL is funded by employee payroll deduction (no employer cost). PFL does not cover the employee's own serious health condition.
  • NY DBL (Disability Benefits Law) is state law, applies to virtually all NY employers with 1+ employee, provides partial wage replacement for the employee's own off-the-job illness or injury for up to 26 weeks. DBL covers the gap PFL doesn't (your own health condition); workers' comp covers on-the-job; PFL covers care for others.

Practical sequencing: an employee dealing with their own health crisis uses DBL (and supplemental private STD if available). An employee bonding with a new baby uses PFL. An employee whose situation might trigger both (pregnancy + recovery + bonding) typically takes DBL during the medical disability portion, then PFL for bonding — they cannot run concurrently. Combined DBL + PFL leave is capped at 26 weeks in any 52-week period. FMLA, where it applies, runs concurrently with both (so the FMLA clock and the PFL/DBL clock advance at the same time). See the WC and Group Disability sections for placement and integration details.

Category
Billing & Claims
Audience
All audiences
Topic
General

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