Legal Question in Medical Leave in New York

fmla, maternity leave

I am a teacher in NY and am due to have a baby August 23, 2009. I have 40 sick days. I have been told that according to FMLA I can use 40 sick days, plus stay out 12 weeks unpaid (or part of the 12 weeks). I was also told the opposite, that my 40 paid sick days would be a part of the 12 weeks, leaving me with only 4 unpaid weeks. Which is true does FMLA guarantee 12 weeks on top of any paid leave or not?


Asked on 5/11/09, 9:11 pm

1 Answer from Attorneys
Randall Brett Law Office of Randall P. Brett

Re: fmla, maternity leave

FMLA provides for up to 12 workweeks of leave in a "12 month leave year" for (among other reasons) the birth of a child or to care for such child. FMLA leave is unpaid unless available paid time off is taken. Whether or not the time off is paid depends on what programs, if any, are part of your benefits package. Under federal law, the time off not in addition to any sick days you may have available.

However, note that I am referencing federal law. Under New York state law, you may have more benefits available. Furthermore, since you state that you are a teacher, you are probably covered by a union contract. You may have certain benefits available to you under this contract that exceed what is required under the law. You should talk to your union representative and/or your HR department for more information regarding your employer's benefits, if any.

Read more
Answered on 5/12/09, 9:03 am


Related Questions & Answers

More Family Medical Leave Act questions and answers in New York