The Family and Medical Leave Act (FMLA) is a federal statute (applicable in all states) that entitles eligible employees of covered employers to take unpaid, job-protected leave for certain family and medical reasons—and with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. See 29 U.S.C. §§2601-2654.

Under the FMLA, eligible employees are entitled to twelve workweeks of leave in a twelve-month period for:

• the birth of a child and to care for the newborn child within one year of birth;

• the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;

• to care for the employee’s spouse, child, or parent who has a serious health condition;

• a serious health condition that makes the employee unable to perform the essential functions of his or her job;

• any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

• twenty-six workweeks of leave during a single twelve-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

In New York, the Family and Medical Leave Act (FMLA) applies to eligible employees, allowing them to take up to twelve workweeks of unpaid, job-protected leave within a twelve-month period for specific family and medical reasons. These reasons include the birth or adoption of a child, to care for an immediate family member with a serious health condition, or to address the employee's own serious health condition that prevents them from performing their job. Additionally, the FMLA provides for leave related to certain military family needs, such as caring for a covered service member with a serious injury or illness, for which eligible employees may take up to twenty-six workweeks of leave in a single twelve-month period. During FMLA leave, employees are entitled to maintain their group health insurance coverage on the same terms as if they had continued to work. It's important to note that New York may have additional state-specific leave laws that provide similar or additional benefits, and employers must comply with both federal and state law.