Hello,

I was just wondering when I am allowed to go out on Maternity leave in New York State? I had one Dr. tell me that I could go out w/out a Dr's note as of 36 weeks, and the other told me I had to wait until 38 weeks. Currently I'm 33 weeks and I feel like I have a beach ball in my belly. I'm hoping I don't have to go until 38 weeks.

Thank you.

Hello,

I was just wondering when I am allowed to go out on Maternity leave in New York State? I had one Dr. tell me that I could go out w/out a Dr's note as of 36 weeks, and the other told me I had to wait until 38 weeks. Currently I'm 33 weeks and I feel like I have a beach ball in my belly. I'm hoping I don't have to go until 38 weeks.

Thank you.

We all felt that way. I didn't go out until I had the baby.

I'm not sure what the exact question is. If it's "when can I go out and collect disability insurance," then your doctor has to certify that you are medically disabled by the pregnancy.

Hello,

To clarify, I have 2 OB's, (1 High risk, the other my regular OB/GYN). They both did Sono's within 1 day of each other and I have 2 due dates. 1 of the Dr's said that I can stop work without a reason at 36 weeks pregnant and the other one said I had to work until 38 weeks pregnant.

So the question is this. If I want to collect disability, when can I stop work and go on disability, 36 or 38 weeks?

Thanks for your help.

To collect disability, you have to be disabled. There is no "time frame" when you can go out if you aren't certified as disabled by your Dr. He would have to be able to prove you were disabled to the STD provider.

I actually worked through the first 12 hours of my 36 hours of labor. I don't recommend it!

Hello,

I was told that NY State uses a standard timeframe as to when you can go out on "STD" for maternity leave that being either 36 or 38 weeks.

This isn't true?

Thanks for the advice.

If you are looking for a law that says, every single pregnant woman in NY may always, under all circumstances and in every situation, start their maternity leave at exactly the same time, no, that is not true. You may start your maternity leave at the time that your doctor declares you medically disabled or on the day that you and your employer agree on.

The person who told you this is misunderstanding the law regarding when your state disability benefits will begin. (State disability benefits are income replacement, not time off.)