Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

NJ Resident, Working in NY

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • NJ Resident, Working in NY

    I am a New Jersey resident and working with a very small firm of only about 17 employees in New York. The employee handbook does not mention anything about maternity leave. I am guessing since it is so small, it does not come under federal or state FMLA.

    What else can protect my job and guarantee some kind of pay during my time off? What are my rights protect by Pregnancy Discrimination Act? What kind of money can I still get through Short-Term Disability? Will it be NY or NJ?

    Thanks in advance.
    Last edited by Betty3; 12-01-2010, 11:08 PM. Reason: Don't know how/why but ad link was added to post.

  • #2
    You are correct. With only 17 employees, you do not fall under FMLA or under state leave laws of either NJ or NY.

    You are VERY lucky that both NJ and NY have mandatory disabilty benefits. In 45 states you would have no guarantee of pay at all. As it is you will have SOME pay. Offhand I'm not sure which state would have jurisdiction but we have some posters with more experience in NJ/NY than I do and perhaps one of them will come by.

    As for leave, since your employer has more than 15 employees you are entitled under the PDA to as much leave as a similarly situated employee who needed time off for pneumonia or a broken leg would get. There is no guaranteed or minimum amount; if the hypothetical employees above would get two weeks, you get two weeks; if they would get six weeks, you get six weeks; if they would get eight, you would get eight, and so on.
    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
      In NJ SDI is paid for by both the employee & employer. I wouldn't think you would be paying into this since you work NY & employer in NY.

      In NY SDI is paid for by employee & employer or employer may pay all. Since you
      work in NY & your employer is in NY, I assume NY state disability benefits would
      apply in your case.

      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.

      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.

      PS I just found a HR pamphlet that says if you work in NY for a NY employer (even if you live elsewhere), NY SDI would apply.
      Last edited by Betty3; 12-01-2010, 11:15 PM. Reason: add PS
      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.


      The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.