Maternity Leave Act FMLA

Under the federal Family and Medical Leave Act (FMLA), an employee can use up to 12 weeks of FMLA leave during pregnancy or after the birth of a child. Specifically, a mother can use the 12 weeks for the birth of a child, for prenatal care and incapacity related to pregnancy, and for her own serious health condition following the birth of a child. A father can use FMLA leave for the birth of a child and to care for his spouse who is incapacitated due to pregnancy or childbirth.

Eligibility for FMLA Leave

In order to be eligible to take leave under the FMLA, an employee must

  • Work for a covered employer
  • Work 1,250 hours during the 12 months prior to the start of the leave
  • Work at a location where 50 or more employees work at that location or within 75 miles of it and
  • Have worked for the employer for 12 months.

The 12 months of employment are not required to be consecutive for the employee to qualify for FMLA leave. The regulations state, however, that employment before a continuous break in service of seven years or more doesn’t have to be counted unless the break in service was (1) due to an employee’s fulfillment of military obligations, or (2) governed by a collective bargaining agreement or other written agreement.

New York Maternity Leave Law

New York protects maternity leave under the FMLA and the NY Paid Family Leave Act (NYPFL). Under the NYPFL, employers must carry short-term disability insurance for their employers. That insurance must include pregnancy as a defined qualifying disability. Maternity leave and parental leave are treated as separate categories under the NYPFL. Parental leave is available to both parents at any time during the first year after the birth of the child. The payments will be approximately 50% of your average weekly wage.

Call a New York FMLA Maternity Leave Lawyer Today for a Free Consultation

If you believe that your maternity leave rights have been violated by your employer, you should speak to an attorney as soon as you can. To schedule a free case evaluation at A.Y.G., PLLC, call our office today at 646-201-8625 or contact us online.

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