Canandaigua, NY asked in Employment Law for New York

Q: Employer is slated for a takeover 2 weeks prior to my due date. Will I still qualify for NYS paid family leave?

I have been a health care provider in this office for 4 1/2 years. Under my current contract I qualify for 3 months of continuance pay while on medical disability, followed by NYS paid family leave for maternity leave. My employer is slated to be bought out 2 weeks prior to my due date. My future employer does not carry continuance pay for their providers, so this will be out of the question. Although I will not be employed by my new employer for 26 weeks prior to maternity leave, will I still qualify for the NYS paid family leave since I have not intentionally changed employers (current practice is being purchased by the hospital)?

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2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Tarrytown, NY
  • Licensed in New York

A: "New York State" paid medical leave begins on January 1 and applies to everyone - pregnant or not. But 3 months paid leave is not part of that law.

If you are "under contract" the terms will apply to everyone who has such a contract. Pregnant or not.

Are you thinking of FMLA leave which permits 12 weeks of leave but most employers pay out all accrued or earned leave first before allowing LWOP?

Or are you intending to request an accommodation under the ADA or the NYC HRL to allow either part time or telecommute or some other accommodation where you could earn money?

Bring all your contracts and policies to an employment lawyer to review. Pregnant employees are protected from job loss and federal and state laws prohibit discrimination but no law, state or federal, pays pregnant employees more favorably than any other employees who have medical conditions or impairments. And contract terms apply equally to everyone who is covered.

Barry Eran Janay agrees with this answer

Barry Eran Janay
Barry Eran Janay
Answered
  • New York, NY
  • Licensed in New York

A: You're likely an employee at will, meaning every day you show up voluntarily and you can be terminated with or without cause. When your company gets taken over presumably the new employer will immediately implement their existing policies and you will not have the benefit of prior policies. I'd be happy to discuss this in more detail with you and I think it is warranted in this situation to do so. Please feel free to email me.

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