Legal Question in Medical Leave in New York

not sure as to what my rights are with maternity leave

I am confused on the issue of what my rights are with maternity leave. I was pulled out of work early due to medical complications and was then put on maternity leave at the begining of my 8th month of pregnancy. I was told i only recieve 12 weeks maternity leave but that only allowed me 4 weeks to return back to work after my due date, after a normal vaginal dilivery. I was told if i did not return to work by the date that i was given at the end of the 12 weeks, i could loose my job and my insurance. unfortunatly i had to have a last minute c-section. I know that in normal circumstances you are allowed up to 8 weeks after a c-section, but im supposed to return back to work in 4, because of the prolonged time ive already been out of work. I have spoken to my doctor and he said i am entitled to my full 8 weeks for recovery. I am very confused in this situation, and dont know if there is any other type of leave that i could take to allow me my full 8 weeks,of recovery, instead of 4? Is my employer allowed to terminate my job and insurance under these circumstances? If not what can i do?


Asked on 11/10/06, 10:03 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: not sure as to what my rights are with maternity leave

Generally speaking, a FMLA-qualified company is required to hold your position for 12 weeks. It has nothing to do with pregnancy and complications, although some companies do have separate pregnancy leave policies. FMLA is Family Medical Leave for you to take time off for yourself or to care for members of your immediate family. Most women use their 12 weeks post pregnancy, but some use 2-4 weeks pre and 8-10 weeks post. In your case, you used 8 weeks pre and therefore, your company is stating their legal right to terminate you if you do not return at the end of the 12 weeks. It's not an employee-friendly policy, but it is their right, as long as it is instituted universally and not discriminatorily against new mothers.

If you have any further questions, please contact me via email. I wish you the best of luck!

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Answered on 11/10/06, 10:52 pm


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