Legal Question in Medical Leave in New York

I work in a school and am due to have a baby during our summer vacation, 4 weeks prior to the start of the new school year. Our teachers' contract entitles me to 12 weeks paid maternity leave. I was told that the 12 weeks counts from the time I deliver. Do they have the right to start counting my leave while the school is closed? Or am I entitled to the 12 weeks once my company (school) resumes business?


Asked on 2/10/10, 11:58 am

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

The way most maternity leaves are structured within the confines of the FMLA is that short term disability (STD) insurance pays for the first six weeks and the employer pays for the additional six weeks. Insofar as how maternity leave is calculated, it depends on your school's or district or union policy. FMLA allows you to take up to 12 weeks unpaid leave to care for a family member. In your case, absent circumstances that would indicate a need to stay home for an additional 4 weeks with your child, I believe your employer would be able to require you to return to work. Check with your union or employer or consult a local attorney to be sure.

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Answered on 2/15/10, 12:11 pm


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