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Anyone in HR...Can you help me find what the law is in NYS regarding Materity leave/family leave???

shamrock12472 Posted:

Anyone in HR...Can you help me find what the law is in NYS regarding Materity leave/family leave???

MCDO15 Posted:

Re: Anyone in HR...Can you help me find what the law is in NYS regarding Materity leave/family leave???

most major companies should be the same...they could vary to some degree...what is your question?

shamrock12472 Posted:

Re: Anyone in HR...Can you help me find what the law is in NYS regarding Materity leave/family leave???

Iwork for a very small group and there aren't any written 'rules'. I am TTC and wondering what they are required to give me and permit me to take. Where does disablitity fit in, if at all?

MCDO15 Posted:

Re: Anyone in HR...Can you help me find what the law is in NYS regarding Materity leave/family leave???

well, you have FMLA (federal medical leave act)...this is more of protecting your job.
disablity and maternity leave should be different. i was looking on my hr site and there is nothing saying its law to give x amount of time for something. do you hr dept since its small or does everything just go though the person that runs the office?

(im not in hr..just thought it was a general question)
lilacwine Posted:

Re: Anyone in HR...Can you help me find what the law is in NYS regarding Materity leave/family leave???

FMLA applies if you've worked x number of hours within the past 12 months at your company and your company has over x number of employees. (I don't know the details off the top of my head.)

FMLA is 12 weeks and it runs concurrently with any paid sick time and any disability time.

Generally, you're considered disabled for a few weeks after having the baby. Once you're no longer considered disabled, and you have FMLA time left, you can use your remaining FMLA time to care for the baby.

hth
bxgell2 Posted:

Re: Anyone in HR...Can you help me find what the law is in NYS regarding Materity leave/family leave???

FMLA doesn't apply unless your company has at least 50 full-time employees... IF FMLA applies, they must give you 12 weeks, in which they cannot replace you, although they do not have to pay you for that time. If FMLA doesn't apply, you're SOL, unfortunately
StepherG Posted:

Re: Anyone in HR...Can you help me find what the law is in NYS regarding Materity leave/family leave???

I work for a VERY small company- 6 people total. I am 33 weeks/5days. My company is not paying me a cent while on Maternity!! BUT the good thing is that NYS will pay you Short Term Disability. It's only a max of $170 per week, but it's better than nothing. My DH and I had to make sure we had enough $$ to cover my salary while I'm out.

Basically it's whatever your boss will work out with you. He doesn't have to abide by the FMLA law because he's under 50 people. I worked out 2 1/2 to 3 months. It's basically whatever I can afford.

Do you have an HR dept? If so, inquire about the short term disability plan they have. If you don't have an HR dept, ask your boss who he/she uses for the NYS Disablilty (they are required by law to have this)...and call them for paperwork to fill out. Your OB will also need to fill some info out too. I would look into this as soon as possible to save yourself headaches later!

Good luck and FM me if I can be of further help!
suven Posted:

Re: Anyone in HR...Can you help me find what the law is in NYS regarding Materity leave/family leave???

Back up the truck, everyone.

To the original poster: your company may have a voluntary parental leave.

FMLA (Family Medical Leave Act) is regulated at the federal level.

There are eligiblity requirements for the company AND the employee:

for the company: they must have had at least 50 employees (PART TIME EMPLOYEES DO COUNT) for 6 months.

for the employee: you must have worked at least 1250 hours in the past 12 months to be eligible.

This is for a 12 week unpaid, job secured leave. Your company could choose to have you use your earned, but unused paid time off concurrently with this leave. However, they may not require that- that's up to the company.

Now, if you are working in NYS, the birth of a child counts as 'short term disabilty'. You would be entitled to a minimum of 50% of your pay or $170 per week (which ever is LESS) for 12 weeks. This is partial compensation replacement ONLY and does NOT secure your job while you are out.

Any other questions, feel free to ask
BMD'sPeanut Posted:

Re: Anyone in HR...Can you help me find what the law is in NYS regarding Materity leave/family leave???


Posted by suven

Back up the truck, everyone.




shamrock12472 Posted:

Re: Anyone in HR...Can you help me find what the law is in NYS regarding Materity leave/family leave???

Thank you everyone!!!!

StepherG Posted:

Re: Anyone in HR...Can you help me find what the law is in NYS regarding Materity leave/family leave???


Posted by suven

Back up the truck, everyone.

To the original poster: your company may have a voluntary parental leave.

FMLA (Family Medical Leave Act) is regulated at the federal level.

There are eligiblity requirements for the company AND the employee:

for the company: they must have had at least 50 employees (PART TIME EMPLOYEES DO COUNT) for 6 months.

for the employee: you must have worked at least 1250 hours in the past 12 months to be eligible.

This is for a 12 week unpaid, job secured leave. Your company could choose to have you use your earned, but unused paid time off concurrently with this leave. However, they may not require that- that's up to the company.

Now, if you are working in NYS, the birth of a child counts as 'short term disabilty'. You would be entitled to a minimum of 50% of your pay or $170 per week (which ever is LESS) for 12 weeks. This is partial compensation replacement ONLY and does NOT secure your job while you are out.

Any other questions, feel free to ask



Hey! I was right!~
suven Posted:

Re: Anyone in HR...Can you help me find what the law is in NYS regarding Materity leave/family leave???


Posted by StepherG


Hey! I was right!~



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