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Maternity leave for NJ resident working in NY

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  • Maternity leave for NJ resident working in NY

    I live in NJ, work in NY, and I am pregnant. I am eligible for FMLA, and my company's policy is to compensate up to 13 weeks of disability leave by NY law. I know that in NJ a person may use 12 weeks of FMLA for disability reason and then use additional 12 weeks of NJFLA for child care.
    As far as I know, my employer has an office in NJ, as well as in NY and other states, so the employer should be covered in all those states.

    Question #1: do I need to physically work in NJ in order for NJ laws to be applicable to me, or does NJ residency give me the same rights?

    Question #2, unrelated to #1: I know that if I decide not to return to work after my disability leave, I will have to reimburse health insurance payments to my company. But what about the compensation that is paid to me during the disability leave? Will I have to return it as well?

    Thanks for your help!

  • #2
    You are covered in the state you work in and not where you reside.

    Under New York Law a pregnant worker is entitled to disability benefits only during the period she is certified by her doctor as unable to work. Eligibility for benefits is based upon medical certification which may occur at any time during pregnancy. So it could be 4 weeks before *if* the doctor certifies and then it is typically it is 6 wks for regular delivery/8 wks for c-section.

    Here is a link to NY's site: ( or call the Disability Benefits Bureau of the Workers' Compensation Board at (518) 474-6674

    NY does not offer as much FMLA leave as NJ does. You should contact the state to get specific information on this, and you are entitled to the 12 weeks (running concurrently with disability) offered under the federal FMLA law. Again, your eligibility is based on the state of work.

    I am not sure what compensation you are referring to? If you are talking about disability payments, no you don't.


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