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View Full Version : Maternity Leave after 5 months in New York


MegHart
02-06-2008, 04:54 PM
I start a new job next week & will be going on maternity leave by either end of June or early July. Depending on when the baby decides its time to come out.

Just wondering what my rights are with keeping my job & my insurance through them?

Am I entitled to take the regular 6-8 week leave needed? Can they stop my insurance for that time? Can I pay for it with COBRA if need be for that time? Can they fire me during that time?

This is a company with over 41,000 employees.

TIA

Pattymd
02-07-2008, 03:37 AM
I don't know if New York has any state-specific protection.

However, since you will not have completed one year of service, the federal FMLA law would not apply. The only thing is that they must treat you the same (not better, just the same) as any other similarly situated employee who needed the same amount of time off for medical leave not related to pregnancy.

Whether your insurance can continue while you are on leave will depend on the policy rules for eligibility.

njmom7
03-08-2008, 03:15 PM
i worked in ny and i was given 4 weeks prior to my due date and 6 weeks for natural/8 weeks for c-sect of short term disability. you have a right to take all of it. the std pay depends on your company policy. some companies say if you work under 2 yrs you only get 50% of your pay and insurance is usually taken out of that since they are giving you a paycheck. then std pays you a percent as well. if you get any fmla and you don't receive any paychecks for vacation time, you will need to send the company a check to cover your insurance.

cbg
03-08-2008, 04:47 PM
The amount of disability benefits available are not connected to the amount of time off the employee has protected or whether her health insurance must continue. They are separate and distinct things.

Regardless of what disability benefits are available, since FMLA will not apply there is no job protection beyond what another similarly situated employee with a broken leg or pneumonia would receive. A pregnant employee cannot receive less than they would, but is not entitled to more.

Since FMLA does not apply the employer is not obligated to continue the health insurance. They are obligated to offer COBRA.

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