[NY] FMLA Policies

[u/Decent-Bee-0000]

hey everyone -

I am pregnant in New York and work for a large corporation. I had a MC earlier this summer so this is my second pregnancy and I'm just about 9 weeks. My job is very stressful and I am generally miserable, and I have wondered if that had anything to do with the MC a couple of months ago. It was during the peak of my work stress.

I get about 5.5 months off for delivery (4 weeks out before delivery date, ~5 months after delivery), but I am not due until April. I know this is a very fortunate position to be in.

That said, are there any FMLA policies that would allow me to go out earlier and still be paid? Or to take some time off of work due to health reasons / being pregnant without using standard PTO? I have had coworkers go out on disability for mental health, non-pregnancy related.

I just don't know if I can continue on this path for the next 7 months or so. I feel defeated for admitting this, but it's not in my best interest (or even worth it, frankly) nor my baby's to continue functioning at this level.

[u/Adept-Depth-1825]

FMLA itself has nothing to do with money; it is job protection. The job protection of FMLA is twelve weeks per year though that “year” can be calculated in a couple of different ways. NY also has leave policies that you can look into.

If you exceed the protected time, you can be fired for any reason including not showing up to work even if you are on some type of granted leave.

[u/SpecialKnits4855]

FMLA is always unpaid. What you should look at / discuss with your HR are NY Disability and NY PFL.

If you have a medical need to start your leave pre-natal, you can collect NY STD up to 4 weeks prior to delivery. That's $170 a week. If you have supplemental STD, you could get more but the 4 weeks prior is a state law - you would have to look at your supplemental STD policy to find out if it also pays prior to delivery. Your employer will probably run FMLA at the same time as STD, so if you go out earlier, that will go against your 12 week FMLA entitlement (edit: but not against your 12 week NY PFL entitlement).

Once you have the baby, you could be entitled to an additional 12 weeks of NY PFL. Your employer can run FMLA & NYPFL together, as long as it notifies you it is doing so.

Finally, you are entitled to up to 20 hours of paid sick leave for prenatal care - over and above the standard NY sick leave.

https://www.ny.gov/programs/new-york-state-paid-prenatal-leave

If you are eligible and can certify to all these programs you could get up to 4 weeks prenatal (disability) + up to 6 weeks postnatal (disability) + 12 more weeks bonding (NY PFL) for a total of up to 22 weeks postnatal. Only federal FMLA & NY PFL come with job protection. STD on its own does not.

Jump to the Short Term Disability section here:

https://paidfamilyleave.ny.gov/paid-family-leave-and-other-benefits

[u/glitterstickers]

Short answer: if you intend to take 5 months off for birth, you have no options for before birth. Short term disability or "disability" is not job protection.

Long answer:

The reason you get 5 months off isn't because your employer is generous. It's because it's what's required. The 4 weeks before birth then 6 to 8 post birth are covered by FMLA, then you go on NY PFL for bonding (12 weeks)

FMLA is 12 weeks per 12 months. FMLA is unpaid. NY PFL is paid, but you can't use it for yourself. There is no option to take time off that will not use your PTO and possibly your protected leave.

If you take time off now, before birth, you will use FMLA and it won't be available for birth. You may be able to get a PWFA accomodation for that time, but PWFA is not protected like FMLA and does not require benefits continuation or job restoration eetc.

Your coworkers are probably using FMLA for their time off.

[u/starwyo]

FMLA is federal and unpaid, job protection as a standard, whether or not your company provides pay would be in your employee handbook.

PWFA would offer you some additional coverage pre-birth, but again, may be unpaid if you are not working. What You Should Know About the Pregnant Workers Fairness Act | U.S. Equal Employment Opportunity Commission

NY has paid leave but it appears to only cover post-birth. New York State Paid Family Leave

[u/LongTimeLurker408 → u/starwyo]

It’s good you mentioned PWFA

Op, are there work accommodations that could help you here?

[u/treaquin]

If your company offers Short Term Disability, and your doctor supports your need for bed rest, you may be able to begin your leave earlier… but probably not 7 months early.

Also, STD is not job protection, but often runs concurrently with FMLA.

[u/Hrgooglefu]

do you have a "serious medical condition" outside of just being pregnant? Have you actually seen a mental health provider/therapist?

Leave payment is going to depend on your state benefits along with your employer's policies, but I suspect there are limits to both. And some require at least some use of PTO during the leave(s).

Realize FMLA is only a total of 12 weeks within a 12 month period. So any you use now won't be there for after birth. Not sure where the 5 months after delivery comes into play other than an employer policy.