Poughkeepsie, NY asked in Workers' Compensation for New York

Q: I've heard I can take disability and tack it onto a pregnancy leave - is that possible?

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1 Lawyer Answer
Charles Joseph
Charles Joseph
  • New York, NY
  • Licensed in New York

A: Under the New York State Paid Family Leave Act (NYSPFL), which took effect on January 1, 2018, you can take up to 8 weeks of paid leave in order to bond with your newborn. You are entitled to receive 50% of your salary up to $652.96 per week.

If you are temporarily disabled by a pregnancy, you may be entitled to temporary benefits under the New York state disability insurance. If so, you can lake short-term disability and then your 8 weeks of paid leave under the NYSPFL. You cannot take leave under the NYSPFL and short-term disability at the same time. Also, you cannot take more than 26 weeks of combined short-term disability and NYSPFL leave in a 52-week period.

You may also be covered by the Federal Family and Medical Leave act, which entitles you to take up to 12 weeks of unpaid leave for the birth of your newborn. Your job is protected during this leave period. While you can take leave under both the FMLA and the NYSPFL, your employer can require you to take time off for the same event concurrently.

In addition, your employer may have its own maternity leave policy.

You probably should sit down with your employer before the birth of your baby and discuss leave.

Best wishes for you and your baby!

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