A family caregiver’s legal rights in New York depend on how they are working. A relative paid as a CDPAP personal assistant is covered by the state’s home care aide minimum wage ($19.65 an hour in New York City in 2026) and overtime rules. A caregiver who also holds another job can use Paid Family Leave, up to 12 weeks at 67 percent of pay, plus sick leave. And someone hired directly by a family has their own set of protections.
Which labor laws protect a family caregiver in New York?
“Family caregiver” covers very different situations. Pick the row that matches yours:
| Your situation | Main protections | Where the rules come from |
|---|---|---|
| Paid by Medicaid as a CDPAP personal assistant | Home care aide minimum wage, overtime, call-in pay, spread of hours | NYS Department of Labor, Public Health Law 3614-f |
| Employed by a home care agency | The same wage and overtime rules; the agency cannot claim the federal companionship exemption | NYS Department of Labor; U.S. Department of Labor |
| Hired directly by a family to work in a home | Overtime, weekly day of rest, paid days off, pay every week, limits on deductions | Domestic Workers’ Bill of Rights |
| Unpaid, with your own job | Paid Family Leave, sick leave, FMLA, protection from caregiver discrimination in NYC | NYS Paid Family Leave; NYS paid sick leave; U.S. DOL; NYC Commission on Human Rights |
Do paid family caregivers get minimum wage and overtime?
Yes, when the work is paid employment. The Department of Labor’s home care aide fact sheet defines a “home care aide” to include a personal assistant working in the Consumer Directed Personal Assistance Program. It excludes most relatives working in government-funded care, but expressly keeps relatives employed under CDPAP covered.
That means a CDPAP personal assistant should receive at least the home care aide minimum: $19.65 an hour in New York City, Long Island and Westchester in 2026, and $20.00 from January 1, 2027 (see the Department of Labor’s page). The fact sheet also lists:
- Overtime at one and a half times the regular rate for weekly hours over 40, or over 44 for residential employees.
- Call-in pay if you report as scheduled and are sent home early.
- Spread of hours pay when the workday stretches past ten hours.
- Uniform maintenance pay if you clean your own uniform.
Our guide to home care aide pay in NYC has the full rate schedule.
Which hours count as paid work for a relative?
This is where many families get caught out. A July 2026 Department of Health clarification says paid family members and household residents cannot work more hours a week than the authorization and person-centered plan of care allow. Hours spent with the relative outside that plan generally fall outside the employment relationship.
The U.S. Department of Labor’s Fact Sheet 79F says the same from the federal side: a relative is an employee only for the hours in the program-approved plan of care. It also says a plan is not “reasonable” if it cuts paid hours because the caregiver is a relative.
What rights does a caregiver hired directly by a family have?
If you work in someone’s home caring for an elderly person and the family pays you directly, you are a domestic worker. The Department of Labor’s Domestic Workers’ Bill of Rights page lists these protections:
- Overtime at time and a half after 40 hours a week, or 44 hours for workers who live in the employer’s home.
- A day of rest, 24 hours every seven days, or overtime pay if you agree to work that day.
- Three paid days off a year after a year with the same employer.
- Pay at least the regional minimum wage, paid every week, with no deductions unless you agree in writing or the law authorizes them.
- Protection under the State Human Rights Law, and protection from retaliation if you complain.
The Department of Labor’s fact sheet for domestic workers adds that these laws cover everyone regardless of immigration status. It also notes that agency employees follow different rules, and that agency caregivers who only provide companionship are not covered by the overtime and day-of-rest rules of that law. Overnight and 24-hour shifts have their own pay rules in New York, so ask the Department of Labor before you agree to one.
What if you have a job and care for a relative on the side?
Most family caregivers are unpaid and also work. Four laws matter most:
| Law | What it gives you | Key limit |
|---|---|---|
| NY Paid Family Leave | Up to 12 weeks of job-protected leave to care for a family member with a serious health condition, at 67 percent of your average weekly wage | Weekly cap of $1,228.53 in 2026 and $1,287.91 in 2027; funded by employee payroll contributions |
| NY Paid Sick Leave | Up to 56 hours a year (100+ employees) or 40 hours (5-99 employees), usable for a family member you are caring for | Employers with 0-4 employees and net income of $1 million or less must provide 40 hours unpaid |
| Federal FMLA | Up to 12 weeks of unpaid, job-protected leave to care for a spouse, child or parent with a serious health condition | Employers with 50 or more employees; you need 12 months with the employer and 1,250 hours worked |
| NYC Human Rights Law | Protection from discrimination because you provide ongoing care for a child under 18 or for a relative or household member with a disability | Employers with four or more employees; no right to a changed schedule, only equal treatment |
For Paid Family Leave, the family members covered include a spouse, domestic partner, child or stepchild, parent or stepparent, parent-in-law, grandparent, grandchild and sibling. Employers cannot retaliate against you for taking it, and you keep your health insurance on the same terms. The Paid Family Leave helpline is (844) 337-6303. A Paid Family Leave benefit replaces part of your wages from your own job. It is not a caregiver wage and is separate from CDPAP.
Paid hours for family caregivers: advice from our nurse director
Anna Klyauzova, RN, MSN, MPA, Director of Patient Services at ProLife Home Care, on what she sees in practice:
If you already look after a parent or spouse every day, ask whether they qualify for CDPAP in New York. Just ask the right question first. Not “How much would I be paid?” but “What care does my mother actually need, and what is she entitled to?” The pay follows from that answer.
Some relatives can’t be paid under the program rules, a spouse for example. I still ask how much the family is carrying. A husband or an adult daughter who has done everything alone for years has usually given up their own rest. A home health aide a few days a week can change that, even when the relative isn’t paid. We want the person safe and well cared for, and the family able to breathe.
Many families mix the two: a daughter provides daily help through CDPAP and an agency aide covers the hours she can’t. Before adding anyone, we check what is already authorized, what is still uncovered, and whether more hours can come through Medicaid or private pay. Paid hours must never overlap. Whether the two can run together depends on current rules, the person’s authorization and their Medicaid plan. That is a common arrangement, not one particular client’s story.
Where do you turn if your rights are not respected?
- Write things down. Keep a log of hours, dates, pay stubs and any messages about schedules or pay.
- Raise it in writing with your employer. For CDPAP, the Department of Health says to contact PPL, the Statewide Fiscal Intermediary, at 1-833-247-5346, or your managed care plan or local social services district. If those do not resolve it, the Department can be reached at 1-866-712-7197 for managed care members.
- Wage and hour problems: call the New York State Department of Labor at 1-888-52-LABOR. The Department says employers cannot retaliate against you for complaining.
- Caregiver discrimination in New York City: call the NYC Commission on Human Rights at 212-306-7450, or 311.
For CDPAP hiring rules, see our CDPAP eligibility guide, and for the caregiver’s own rest, our guide to respite care in New York. If you are weighing agency work as a caregiver, see HHA jobs in NYC.
We are a licensed home care agency in Brooklyn and Queens, NY State Department of Health licence #2572L001. We cannot give legal advice, but if you are a family caregiver trying to work out what help is available, call (718) 232-2777 or use our contact page.
This is general information, not legal advice, and employment law changes. Everything above was checked on 9 October 2026 against the New York State Department of Labor, Department of Health, Paid Family Leave, U.S. Department of Labor and NYC Commission on Human Rights pages linked in the text. For a specific dispute, contact the agency listed or an employment lawyer.
Frequently asked questions
Do family caregivers get paid minimum wage in New York?
Relatives working as paid CDPAP personal assistants are covered by the home care aide minimum wage, which is $19.65 an hour in New York City in 2026 and $20.00 from January 1, 2027, according to the New York State Department of Labor.
Can a family caregiver get overtime?
Yes, as an employee. The Department of Labor says home care aides must be paid one and a half times their regular rate for weekly hours over 40, or over 44 for residential employees. A relative’s paid hours are limited to the hours authorized in the plan of care.
Can I work more hours than my authorization allows as a CDPAP caregiver?
Not as paid work. A July 2026 Department of Health clarification says paid family members cannot work more hours a week than the authorization and plan of care allow.
Does Paid Family Leave pay me to take care of my parent?
If you have a covered job, it can replace part of your wages. You get up to 12 weeks at 67 percent of your average weekly wage, up to $1,228.53 a week in 2026, to care for a parent with a serious health condition.
Can I use sick leave to take care of a family member in New York?
Yes. New York’s paid sick leave law allows leave for “sick” or “safe” reasons affecting you or a family member you are providing care for, with 40 or 56 paid hours a year depending on employer size.
Can my employer fire me for caring for a family member?
Employers cannot retaliate against you for taking Paid Family Leave. In New York City it is also illegal to discriminate because of caregiving responsibilities for a child under 18 or a relative with a disability, though employers do not have to change your schedule.
What rights do I have if a family hired me directly to care for their parent?
Under the Domestic Workers’ Bill of Rights you are entitled to overtime after 40 hours (44 if you live in), a weekly day of rest, three paid days off after a year, and at least minimum wage. Immigration status does not affect these protections.
