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NYC Maternity leave laws New York

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  • NYC Maternity leave laws New York

    I am a high school teacher working out of a Long Island public school for the past 4 months. I am pregnant and due in a month. I know that I am not eligible for the FMLA protection, however, I am wondering about any other laws that protect me.

    I was told by my employer that I will not be covered for a six week leave but rather only for the days I have in my sick bank (13). In addition, I will not have health insurance past those 13 days. They suggested that the only alternative I have if I can't return after my 13 days is to apply for a leave of absence which will not allow me to return to work until next September- with out pay or insurance. Furthermore, I was told that I don't qualify for disability either.

    Does this seem right?

  • #2
    It seems a little light to me but I don't see anything that screams violation at me. Not the way I would handle it but if FMLA does not apply there's usually very little job protection. When I get back to my source material tomorrow I can see what, if any, NY has in the way of family leave. However, I don't know why you wouldn't qualify for disability; NY is one of the very few states that provides disability at the state level.

    Elle, as our resident expert in school systems, what do you think?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      I am actually really interested in this answer as well...

      Comment


      • #4
        cbg - I thought also that N Y required (mandated) DI coverage (which included pregnancy) but I don't know any further details including how it applies to public school teachers. Original OP's post is from 1-5 but someone else is also interested in answer.
        Elle - where are you?
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Elle might have been out with her debate munchkins (as she calls them).
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            NY does have mandated disability but that only relates to income replacement, not to protected time off. NY does not have a state version of FMLA - its only requirement with regards to time off (at least as relates to our poster) is that employees who adopt a child must be given whatever time off is given to employees for childbirth.

            I'm also not certain how it applies to public school teachers, which is why I deferred to Elle, who is knowledgeable about such things.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              I know the DI doesn't offer job protection - I was just saying though that I thought she could get at least the mandated DI coverage.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                You could be right, but she's been told she doesn't qualify, so I'm wondering if it doesn't apply to state or municipal employees.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  I don't know either why she can't get it - was just saying I thought she should be able to though (but as per my 1st post wasn't sure about teachers). I just don't know!
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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