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Maternity Leave New York New York

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  • Maternity Leave New York New York

    Hello everyone!

    I'm 4.5 months pregnant and have informed by accounting dept (HR since we don't have an official one) by the 3rd month I was pregnant. As per the manual, I emailed the accounting person I was pregnant and if he needed a medical affimation of this, I can have my dr write him a letter.

    Accounting/HR didn't know the manual very well so he advised that I speak the only other co-worker who has had a child to find out what they had given her as time off and pay.

    She informed me she had to take her vaca/pers/sick days first (which is about a month) then they paid her 2 months full salary and then she worked p/t at home for a month. All fully paid all medical paid by company less her monthly fee around $20 we each pay. She did not file short or long term disability.

    I emailed him back the information twice before I went to his office to find out what was up. He said the other employee was a different matter. He asked me what information I've found out about maternity leave. This isn't my job for the company, it's his. But, I want to have this information in case they try to pull a fast one.

    He then emailed me:

    Officially, the Employee manual rules apply. Where that overlaps or is silent with Federal guidelines, the Federal guidelines will apply.

    I emailed him back, why ask me to find out information when it didn't matter.

    I've asked him questions and now he replies I'll ask the lawyers. Questions like are we participating in FMLA. Also I need to know:

    * Time off I will be paid for (excluding my time I’m entitled to)
    * When you are going to do the paperwork for disability
    * How much time off is that?
    * I need to know exactly the health premiums I will be paying out of pocket.

    I informed him that I have to have the disability form signed by my dr.

    He emails back:
    He'll make it clear.

    But when? Do I hound him every week?

    The manual states I can have unpaid leave up to 12 weeks a year.
    I'm responsible for 100% of premiums for health insurance coverage.

    I've been at the company 5.5 years.
    I'm full time.
    NY office has about 30 employees, London office 3, Paris office about 10.
    They can't pick and choose who gets full pay!
    If the manual was clear on time off, pay etc I would understand and accept.

    On another post on this board, people have stated that STD only pays $170 a week; what is the point in paying this?

    What is the name or number of the form for the disability?

    Any thoughts?

    Thank you!

  • #2
    FMLA is NOT applicable, since the employer has only 25 employees at your location.

    1. Paid leave is not required in NY. However, the Pregnancy Discrimination Act DOES apply and, as such, you must be given the same amount of paid (or unpaid) leave as any other similarly situated employee who needs the same amount of time off for a non-pregnancy related reason, such as a broken leg or cancer.

    2. YOU do the paperwork for disability, not the employer. Search the forums for NY Disability. Betty3 has provided a lot of information on this is other threads.

    3. Since FMLA does not apply, you can be required to pay the full amount of the health care premiums while you are on leave. You're only 4.5 months along, there's plenty of time to get that information.

    4. The point of applying for state disability is that it's $170 a week that you wouldn't otherwise have.

    Again, you're not that far along. Be patient. "Hounding" the boss every week is not going to sit well and there's no reason for it.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      They can't pick and choose who gets full pay!
      Actually, they may be able to depending on your positions. We have a separate (and VERY generous) sick leave policy for our exempt employees. It generally will pay the entire maternity leave for our exempt pregnant employees.

      However hourly associates typically have less than 2 weeks of sick time on the books.

      Agree with Patty, "hounding" the boss is not the wisest career move. Continue to research the applicable laws and take that information to him when he is ready. Why don't you try emailing him to make an appointment to discuss what you have found and your further questions?


      • #4
        We are all paid the same, salary.

        Well, the accct/hr emailed me today (I haven't contacted him) he said to direct all questions from now on to the boss.

        Acct then sent another email and cc-ed me to our 401k person, which I guess does the manual, stating I have 6 weeks unpaid and if I had questions to email him about that.

        The acct wrote:
        She is entitled to 6 weeks of benefits (8 weeks in case of a C-section)
        at 50% of her weekly wage, up to a maximum of $170.00 per week.

        So is it 50% what I'm getting or $170 a week? 1/2 my wage would be almost $500 a week. I know the answer will be $170, but why state 50%?

        I emailed the boss this email and asked if this was the end result. I told him I needed to know the exact amount of time paid to budget while off.

        He shot back a long email, but this sentence stood out:

        We do our best to allow employees to resume their previous positions after their leave, but cannot guarantee it.

        he also said:
        You are recommended to take all of your vacation, personal, & sick days for your maternity leave.

        Actually, he told me in his office this was the way it worked. It seemed from when he was saying this it was the rules. (Not in manual.)

        I guess I'll just have to use my vaca/pers/sick days.

        Thank you for your help ladies.


        • #5
          New York statutory disability insurance is mandated by New York state. Any employee who is working or has worked for a covered employer for at least four consecutive weeks is eligible. Disability benefits are paid for either jointly by the employer and the employee, or entirely by the employer.

          Where the employer is providing statutory disability benefits, the employee may be required to contribute one-half (1/2) of 1 percent of his/her weekly wages, but not more than 60 cents per week.If disability begins while an individual is employed or during the first four weeks of unemployment, the claim will be paid by the employer or the employer’s insurance company. If disability begins after the first four weeks of unemployment, the claim will be paid by a special fund administered by the chairperson of the Workers’ Compensation Board.An employee is entitled to receive the following statutory benefits:

          Fifty percent of the average weekly wage (based on eight weeks of employment, not counting the week in which disability began) to a maximum of $170 per week. Benefits are paid for a maximum of 26 weeks during a 52-week period.

          For employed workers, the first seven days of disability are a waiting period for which no benefits are paid. Benefits begin on the eighth consecutive disability day.

          Note - this disability ins. plan does in no way protects your job. It's just income replacement while you are disabled.

          You don't meet the requirements for FMLA which would have allowed up to 12 weeks of unpaid job-protected leave.

          However; under the NY discrimination laws (applies to employers with 4 or more employees), you have to be treated like they would treat any other employee who was not pregnant. However much leave your employer would allow someone in similar circumstances but with a different disability (ie broken leg) they have to allow you. The amt. of leave you get since FMLA doesn't apply will be up to the employer & will not be job protected. You can be required to use any PTO (ie vacation, sick days) you have while out on leave

          Note: Under the NY state disability plan - If the employer continues to pay wages during disability, no benefits are payable to the claimant; however, the employer can request reimbursement and benefits will be paid to the employer for such period.

          contact info: N.Y. disability ins.

          Contact: For further information or
          clarification employees may contact the Attorney
          General's Labor Bureau by mail, at 120
          Broadway, New York, New York 10271 or by
          telephone at (212) 416-8700.
          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

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