New York Employment Lawyers Provide Answers to Frequently Asked Questions Regarding Maternity Leave

Useful information to eliminate the confusion surrounding your rights to maternity leave

The joy you feel when bringing a new child into the world is likely immeasurable. Unfortunately, your joy may be tempered when it comes time to request maternity leave from your employer; in many cases, maternity leave is a complex and confusing concept. At Hepworth, Gershbaum & Roth, PLLC, our New York employment lawyers are committed to providing the information you need to understand your rights and protect your best interests.

To help clear up some of the confusion surrounding maternity leave, we have compiled a list of questions commonly asked of our New York employment lawyers. The most common maternity leave questions we field include:

· Am I entitled to maternity leave?

· Are there different types of maternity leave?

· Do I have other options for supporting my family during maternity leave?

· Can I be fired for requesting maternity leave?

· How much maternity leave can I take?

Am I entitled to maternity leave?

While New York does not carry an official maternity leave law, many businesses offer employees the benefit of maternity leave. If your employer offers maternity leave, then you are likely entitled to up to 12 weeks of unpaid leave per year. It is important to remember that it is solely up to your employer to offer maternity leave as a benefit. Employers are not required by law to do so.

Are there different types of maternity leave?

Many employers offer two different types of maternity leave – paid and unpaid. Individuals whose employer offers paid leave may request the benefit through their human resources department. The length of paid leave, and the amount of pay the individual can expect, is entirely up to the employer’s internal policies. Other employers offer up to 12 weeks of unpaid maternity leave. If you are offered unpaid maternity leave, you are guaranteed to retain your position, with the same level of pay and benefits, upon your return.

Do I have other options for supporting my family during maternity leave?

In cases in which the offered maternity leave period is not sufficient, a woman may qualify for disability benefits, provided that a doctor certifies she is unable to work due to complications from the pregnancy or health issues with the child. These disability benefits are limited to 26 weeks in duration, and provide a set percentage of the recipient’s income. Women who are not offered maternity leave by their employers may also seek these disability benefits.

Can I be fired for requesting maternity leave?

If your employer offers maternity leave benefits, you have the right to request time off. Doing so cannot be used as a determining factor in your termination. Even if your employer does not offer maternity leave, you cannot be fired for requesting time off to care for your newborn baby. If you are terminated after requesting maternity leave, you may have legal recourse – in some cases, such a termination may be viewed as discrimination against a pregnant employee.

How much maternity leave can I take?

The length of maternity leave and the amount of salary you can expect to receive depends solely upon your employer’s internal policies. Employers are not required to offer any minimum amount of leave, however many offer up to 12 weeks of leave. To determine the specifics of your maternity leave benefits, be sure to discuss your options with your human resources representative.

Contact our New York employment lawyers for additional advice on your maternity leave options

The New York employment lawyers at Hepworth, Gershbaum & Roth PLLC are committed to providing the detailed advice you need to understand your options for requesting and obtaining maternity leave. To schedule a free consultation with one of our New York employment law attorneys, contact us online or call 212-545-1199.