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NY STD/maternity leave/unemployment? New York

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  • NY STD/maternity leave/unemployment? New York

    I work part time 26 hours a week and i found out i was pregnant about 2 weeks after i started. I know i do not qualify for FMLA because i won't be there a year(may 2010) when the baby is born (jan 2010) i was told i could apply for STD and that i could get 60% of my pay for the 12 weeks i will be out. Now it turns out that i won't be getting ANY pay at all because to qualify for that 60% you have to be with the company 2+ years! So now i'm going to be gone from work with no pay whatsoever. I was wondering if anyone knew if i could file for unemployment or state disability or anything to help me get by those 12 weeks.
    I live and work in NY if that matters.
    any help or links or advice would be greatly appreciated.

    ETA: also read about New York statutory disability...what is that? do i qualify? and if so how do i apply for it?
    Last edited by mrs.viv07; 09-18-2009, 04:36 PM.

  • #2

    You cannot get unemployment since you will not be able to work and actively looking for work. You are, luckily, in one of only five states where there is a state disabilty plan - in most states, you would have no guarantee of any pay at all.
    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.


    • #3
      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.
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