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Am I still entitled to paid maternity leave? New York

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  • Am I still entitled to paid maternity leave? New York

    I started working with my company in March and in September I would have made 6 months of employment. The company pays full leave for one year employees and part time pay for employees working at least six months.

    I did not work for two months because my DM would not permit me to. He said I was on unpaid leave because I got sick and could not work for two weeks and when I tried to come back he made excuses and said I could come back after the baby was born. I thought it was my fault for getting sick so I let him have his way. But after speaking to someone in the department of labor, when I filed for unemployment, I was told that this was illegal. I then went over the DM's head and contacted the Human Resource department. They told me I had been fired for job abandonment but after explaining what had actually happened the HR director rehired me.
    What I need to know is since I was out of work for two months and technically only worked for four am I still entitled to the same benefits as a six months employee since the company wrongfully prevented me from working and am I entitled to lost wages for the two months I was left unemployed?

  • #2
    This would be up to company policy, not the law. The law doesn't require that your employer pay you ever for time you don't work. Your state is one of the few that offers disability insurance for those who are out for medical reasons, but your employer isn't required to pay for maternity leave.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      I'm getting my maternity leave- Thanks!

      The two months I was out was due to discrimination and not my health. I was only out for a week and a half and then I recovered. My DM refused to let me work for two months following, despite medical documentation stating I could work.
      Also I just found out that New York requires that employers pay disability leave but it also requires employers to treat employees on maternity leave the same way as those on disability leave. An HR benefits specialist just contacted me and I am going to be paid as a six month employee for my leave. I think they're just a little worried about having broken the law by not permitting me to work. Either way I am glad to be getting my maternity leave and the pay. As far as the time I lost for due to discrimination- I'm letting it go since it was a single person and he was fired and I probably should have contacted HR much sooner.


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