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What is avaliable to take care of my sick baby? New York

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  • What is avaliable to take care of my sick baby? New York

    I have only a few day of paid vacation at my crreunt employer.
    Now, my baby is sick and I need to take some days off.
    I will use my paid vacation days for this purpose.
    However, once my balance of paid vacation will be 0, what option will be available for me?
    FMLA is not for me, since there are less that 50 employees in the state of NY.

    Are there any similar laws or benefits with FMLA in the NY?

  • #2
    Although NY is one of the few states with its own version of FMLA, the state version also requires a minimum of 50 employees AND, if I am reading it correctly, only applies to the employee's own illness and not to dependents.

    This is a question you will have to address with your employer and come to a mutually agreeable conclusion.
    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
      Thank you very much for the answer to my question.

      For my sick baby, I now understand that I can use my paid vacation and unpaid time off after I use all of my paid vacation, but disability leave or FMLA will not be applied to this matter.


      • #4
        That is correct. Your employer is too small to be subject to the FMLA (and that would be unpaid time anyway), and the state disability plan is for the employee's own illness only.

        Best wishes to you and your baby.
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