Clifton Park, NY asked in Family Law and Employment Law for New York

Q: 8 months pregnant,worked there for 10 months in (NYS), employer informed me that I have 6 weeks or be termed. Legal?

I do not qualify for FMLA but stated I would be termed if I am not back in 6 months. Even a c-section is 8 week recovery. Can they legally term me while on Leave and collecting short-term disability?

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1 Lawyer Answer
James Francis Barna
James Francis Barna
  • Cazenovia, NY
  • Licensed in New York

A: Contrary to what many people think, New York does not have comprehensive employee leave protections, although a new leave law will take effect soon. On January 1, 2018, a paid-family leave law will take effect in New York, which will provide up to eight weeks paid family leave per year, and will guarantee reemployment. However, there is no employment protection in New York for a medical leave of six months.

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