How many days of leave am I entitled to under the FMLA?

Under the Family and Medical Leave Act (FMLA) in New York, you are entitled up to 12 weeks of unpaid leave during a 12-month period. You may take the leave for any of the following reasons: the birth of a child and to care for the newborn, placement of a child with you for adoption or foster care, to care for a spouse, child, or parent with a serious health condition, because of a serious health condition that makes you unable to perform the duties of your job, or for any qualifying exigency arising out of the fact that your spouse, son, daughter, or parent is a military member on covered active duty. When determining how many days of leave you may be entitled to under the FMLA, you must first determine the 12-month period in which the leave will occur. Under the FMLA, employers may choose between a calendar year, a 12-month period based on each employee’s hire date, or any other fixed 12-month period. You are then entitled to up to 12 weeks of leave in the chosen 12-month period. If you are a full-time employee, that means up to 12 weeks of unpaid leave, or up to 480 hours over the 12-month period. If you are a part-time or intermittent employee, your leave is calculated on a proportional basis. You may also be entitled to additional leave under the FMLA, depending on the state in which you live. In New York, employees are entitled to an additional 24 hours of unpaid leave to attend school-related events for a child, such as parent-teacher conferences.

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How many days of leave am I entitled to under the FMLA?

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