Maternity Leaves

Am I Entitled to Maternity Leave?

Posted in Maternity Leaves on February 15, 2016

Pregnant BusinesswomanExpecting a child can be one of the most exciting times for you as well as your family. It can also be a very overwhelming time trying to ensure that you have everything taken care of, such as your finances, before your newborn arrives. Working up until the time of delivery can be exhausting, especially if you have had a troubled pregnancy. Though you may want to take maternity leave to rest before your new child arrives, as well as take time to bond with your newborn afterwards, depending on your company and New York state law, you may or may not be able to. If you or a loved is concerned about your entitlement to maternity leave laws, contact an experienced New York maternity leave attorney to consult about your rights.

New York Maternity Leave Laws

When you are expecting a child at some point you will want to prepare for your child and rest before the presence of your new baby. It is the same after your newborn is born—you will want to take time to bond with the child, at least for a few weeks. If you are working and live in New York, you will have to go through other mechanisms to be afforded this luxury. New York State does not have any official maternity leave laws, but you may be able to seek maternal disability or use the federal law to give you a chance to bond with your child after delivering.

Maternity leave is a temporary period of absence from employment granted to expectant or new mothers during the months immediately before and after childbirth. Because there are no maternity leave laws in New York, before you have your child, you may seek pregnancy disability by speaking with your doctor and receiving a formal statement from him or her that you are disabled due to your pregnancy. It is important to follow the guidelines of the New York State Office of Temporary and Disability Assistance to make sure you are afforded disability. Also, after your newborn arrives, you are entitled to request up to 12 weeks of unpaid leave per year for a newborn child if the federal Family and Medical Leave Act is applied. These laws and guidelines can be complicated for first time individuals, therefore, it is invaluable to seek legal advice.

Need Legal Advice?

Having to decide whether to work or to take unpaid leave before having a child and afterwards to bond with your child should never be an issue. Unfortunately, this may not always be the case. New York’s lack of maternity leave may seem overwhelming to expecting parents during the coming weeks of birth, however, it does not have to be. You have options and therefore should contact an experienced New York maternity leave attorney at The Law Offices of Joseph & Norinsberg to help you determine your rights. Contact our office today at (212)-JUSTICE or info@employeejustice.com for an initial consultation.

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