Maternity Leave Rights In New York

You might not consider your pregnancy to be similar to a heart attack, but when it comes to coverage for short term disability you will be glad to know lawmakers in New York don't agree with you!

"Rights" and "Policies"

What maternity leave will be like for you if you work in New York State will be a blend of company policy that is based on rights that you have under certain state and federal laws. How your maternity leave is handled will be a direct result of the rights you have under the Family Leave Medical Act and human rights laws that prohibit discrimination.

Some companies will have more generous policies regarding maternity leave than others will, but they must adhere to the guidelines in the law.

Family Leave Medical Act

The Family Leave Medical Act (FMLA) covers employees who work for public schools, or who work for employers with at least 50 employees. The employee must have worked for the employer for at least 12 months consisting of at least 1,250 hours. If this is met, FMLA provides:

• up to 12 weeks of unpaid leave to care for a newborn
• job is protected during that time
• medical benefits are preserved during that time 
• pregnancy complications that put you out of work can be included in the 12 weeks

Worker's Compensation

In New York State, there are laws that require pregnancy to be treated like any other short term disability that is not work related. Therefore, under New York's worker's compensation laws a pregnant woman who is disabled because of her pregnancy might be entitled to up to 26 weeks of worker's compensation benefits.

• the disability must begin either 4-6 weeks before the baby's due date or 4-6 weeks after the baby is born
• specific medical information regarding symptoms will be required from the treating doctor or certified nurse midwife 
• worker's compensation disability benefits can be collected during maternity leave if the maternity leave is unpaid

Pregnancy Discrimination

Under New York State's Human Rights Laws you cannot be discriminated against in the workplace because you are pregnant, and your pregnancy can be considered a temporary disability.

• Your employer cannot fire you because you are pregnant
• You cannot be denied employment because of pregnancy
• You cannot be required to take mandatory maternity leave (unless your pregnancy prevents you from actually being able to perform your job)

The bottom line in New York: a pregnant worker has to be treated like any other worker who has a non-work related temporary disability, and they must receive the same benefits as those workers for and during their temporary disability. If your employer would hold the job of someone recovering from a heart attack or a skiing accident, they need to hold open the job of an employee on maternity leave.

Get Legal Help

If you believe your rights have been violated, and you have lost your job because of pregnancy or childbirth or that the terms of your employment have been altered, seek legal advice immediately. There are strong laws in New York State to protect you from discrimination; hiring an attorney to protect your rights is extremely important.