Pregnancy and the arrival of a new baby are joyous occasions. However, they also bring many questions, especially about your job and finances. A great way to address these concerns when welcoming a new life to your world is through New York State maternity leave.
At Rissmiller PLLC, we have extensive experience in employment law and provide award-winning legal counsel. We can walk you through every step of obtaining benefits and show you how to get paid during maternity leave while you prepare for your little one. Please contact us today for guidance.
Your Rest Is Important
You are a hardworking New Yorker. While you may feel confident juggling work and family responsibilities, remember that rest and self-care are crucial to you and your child’s health. If you are pregnant, that includes ensuring exercise and sufficient sleep. However, many pregnant women have reported that they do not take adequate steps to care for themselves because they are too busy. This is where maternity leave comes in. State and federal laws can provide several weeks of leave and rest for pregnant women and individuals fostering or adopting new children.
Your Maternity Leave Rights
Knowing your maternity leave rights empowers you to make informed decisions and protect your employment. Common questions include:
- When is maternity leave available to me?
- How long is maternity leave in NY?
- What benefits come with maternity leave?
Employees in New York have access to two main types of leave related to pregnancy and childbirth. Expecting parents can seek relief through the federal Family and Medical Leave Act (FMLA) or New York’s Paid Family Leave (PFL) laws. Let’s take a look at both options below.
The Family and Medical Leave Act
The FMLA is a federal law that allows many employees up to 12 weeks of unpaid, job-protected leave for family and medical reasons. Among the reasons an employee can request leave are:
- Serious health conditions related to pregnancy,
- Caring for an immediate family member who has a serious health condition related to pregnancy,
- The birth and care of a newborn child, and
- A new adoption or foster care arrangement.
If you receive leave under the FMLA, your employer must keep your job waiting for you and continue providing work benefits during your leave. Once you return from your leave, your employer must reinstate you to the same or a similar position. Although this type of leave is typically unpaid, some federal employees have the right to paid parental leave under the Federal Employee Paid Leave Act (FEPLA). If your employer fails to reinstate you as required, you may be entitled to compensation.
To obtain FMLA or FEPLA leave, you must ensure that you are eligible and possibly give your employer proof of your need for time off (e.g., a letter from your healthcare provider). You are generally eligible if the following applies:
- You have worked for your employer for at least 12 months;
- You have worked at least 1,250 hours over the past 12 months; and
- Your employer has 50 or more employees within a 75-mile radius.
Making leave eligibility determinations often requires nuance, and our legal team at Rissmiller PLLC can help ensure that you receive all leave benefits to which you are entitled.
New York Paid Family Leave
In many cases, New York’s Paid Family Leave (PFL) offers superior benefits compared to federal law. New York’s PFL law offers paid leave to eligible employees for various reasons, including:
- Bonding with a new child, and
- Addressing a serious health condition related to pregnancy.
You may be eligible for PFL if you have worked for your employer for at least 26 consecutive weeks and at least 20 hours per week. The New York State maternity leave law is available to full-time and part-time employees and also applies to fathers, partners, and adoptive parents. To apply for PFL, you typically must give your employer at least 30 days advance notice before you want your leave to start. An employee who qualifies for PFL leave can receive 67% of their average weekly wage while they are absent.
Navigating Your Options: A Brief Step-by-Step Guide to New York Maternity Leave
Planning your leave in advance, when possible, can simplify the process:
- Talk to an attorney. Speaking to a knowledgeable employment attorney before taking any type of leave can ensure you have all available safeguards in place before making a request with your employer.
- Understand your eligibility. Determine if you qualify for FMLA, FEPLA, or New York PFL.
- Talk to your employer. Discuss your leave plans with your employer as early as possible. Your employer can provide information about its specific policies and procedures so that the process runs smoothly.
- Gather documentation. Collect the necessary paperwork for FMLA, FEPLA, and PFL claims.
- Plan for your return. Communicate with your employer about your return-to-work date and any necessary accommodations you may need for any lingering conditions related to your pregnancy.
The planning can be overwhelming, but you do not have to do it alone. When you reach out to Rissmiller PLLC, we can handle maternity leave matters for you so that you can focus on your health and new child.
Rissmiller PLLC: Your Trusted Partner in Protecting Your Family
Navigating maternity leave laws can be complex. At Rissmiller PLLC, we can help you understand your rights and ensure you receive the benefits you deserve. We are an award-winning legal team that has guided countless clients in obtaining maternity leave benefits. Contact us by phone or online today for a consultation.
