Currently I am 5.5 months pregnant but just started a new job in NYC in July. I signed my contract in June but the company was not ready with paperwork to bring me on early (public company). I just saw that I was denied 3 months leave. I understand I don't deserve the company's 6 months leave but now I am only getting 6 weeks maternity leave. Is this something I should bring up to the Benefits team or should I just accept the 6 weeks.

27 Comments

1. Damie WilsonAugust 6,2024 at 6:13PM UTC

   The law states 12 weeks.

2. AnonymousAugust 6,2024 at 9:12PM UTC

   In New York, looks like you may be eligible for paid family leave after 26 weeks of employment. I don't know what your company's specific policy and say that yes, your best bet is to either bring it up with HR or your specific benefits team. This is a combination company policy/benefits policy thing. The six weeks you are referring to, is that 6 weeks STD? If that is the case, do you have option to take additional unpaid time? This is what I did as I became pregnant about a couple of months after starting a new job. I qualified for STD once I hit 30 days of employment and that provided reduced pay for 6 weeks (it would have been 8 had I had a c-section) and then I took an additional two weeks unpaid.

3. AnonymousAugust 7,2024 at 12:25PM UTC

   This is something you should consult with a lawyer. Maternity leave is not related to the time in the company. This could be a very big law violation.

   Edit:
   I went to check if the state has any extra requirement. I found it says 10 unpaid weeks before the 26 weeks of employment. So there is a leave not depending on time of employment, however, the source I found says private company. I would consult with a lawyer to see what applies for the public sector.

4. AnonymousAugust 7,2024 at 12:31PM UTC

   Not necessarily. It would be covered under FMLA or NY's version of FMLA, but there is a time requirement that needs to be fulfilled prior to qualifying for it. If a company has a specific maternity leave policy (which is not federally or state mandated) it is up to the company to decide what the qualifiers are. Sure, they could make exceptions on a case by case basis, but that ultimately will backfire.

5. AnonymousAugust 7,2024 at 5:05PM UTC

   From the post I understood OP needs to check what is the part that is required independent of time in employment. If she started the job in June, would not have the time required for FMLA. Of course, is better to talk with a lawyer, maybe they can find the exception that we can’t see reading online. A comment above even mentioned a new law, so there could be more resources she can still use as a new employee.

6. AnonymousAugust 7,2024 at 12:28PM UTC

   Maternity leave is federal law. The only way a state law can go over that is if the state law is more strict, not the other way around.

7. AnonymousAugust 7,2024 at 12:33PM UTC

   I can't find this when I search. Please share your resources on this.

8. AnonymousAugust 7,2024 at 1:32PM UTC

   There are two separate questions here: 1) what does the law require and 2) what do you actually want to happen here? Regrettably there is still an attitude that certain uses of leave are “taking advantage” (yes yes I know sexist and also illegal). But before you go to bat for your rights, consider if this is the hill you want to die on and what’s at stake.

   if this was a big opportunity for you and you don’t have a good BATNA, you have to look at this in a pragmatic way. Use a tend-and-befriend approach to your new work relationships. Nurture those connections. It sucks that you have to have your priorities split at this point in your life, but that’s what starting a new job means. Its first impression time and the impression you have to send is that you’re exciting about the mission and being part of the team.

9. AnonymousAugust 7,2024 at 2:24PM UTC

   which she hasn't - did you read her post?

10. AnonymousAugust 7,2024 at 4:04PM UTC

    I'm not the OP but why be snippy when someone is providing information which may help others who are also reading this post. Knowledge is power and depending upon her situation she needs to know what her geographic area uses as the legal rails for her decision on how to frame this in case she does decide to challenge what she has been told. And sure the information does not directly apply to her but it lets her know why. Please be positive and helpful when posting or remain silent, women need to support each other.

11. AnonymousAugust 7,2024 at 6:37PM UTC

    So I had an entire response written to you to explain why I asked the question, but I decided not to do that.

    I do not believe I was snippy. I asked a direct question. As women, we have been discouraged from asking direct questions that might hold someone accountable for their actions because it makes people "uncomfortable."

    If a student asks a professor a question, and the professor says "It's on the syllabus - did you read the syllabus?" - yeah, it puts the student on the spot, but if their comment implies they didn't, that's on them.

    There are a lot of ways I could have phrased that question that would have clearly been seen as nasty or snippy - I decided the direct way was best. That YOU infer a tone into the words of someone you don't know is not my issue, fortunately.

    I agree that women need to support each other - I also believe that includes calling people out.

12. AnonymousAugust 7,2024 at 4:00PM UTC

    The law in your area is what will prevail. https://paidfamilyleave.ny.gov/

    What you signed if you are a FTE is an offer letter NOT a contract. NY is an at-will state and they can do what they like outside of that. I would take the 6 weeks that are being offered and should you need more because of special circumstances take leave (though unprotected) if you need it in the aftermath. The benefits team can only provide information they are not the decision makers for making any changes to what is a firmly baked program. Congrats on the upcoming baby.

13. AnonymousAugust 7,2024 at 6:32PM UTC

    Unfortunately, you probably won't be able to do a lot here if the state you're in doesn't mandate any level of paid leave and the company's policy is that you have to work a certain amount of months to be eligible for leave. You won't be eligible for FMLA, either, without having worked there for a year. It's very frustrating and why we need better parental leave in the US. :(

14. AnonymousAugust 8,2024 at 12:48PM UTC

    Consult with an employment lawyer in NY. We had an employee who was going to deliver prior to being with my company for a year and was still able to take about 3 months off because of the laws in NY state and if I’m remembering correctly possibly NYC. A lawyer will know what those laws are and be able to give you guidance prior to speaking with HR.

15. AnonymousAugust 8,2024 at 1:21PM UTC

    [From a NYer who just had a similar situation with twins last year] sadly, you are not eligible for FMLA or paid family leave in NY. It requires the year / 26 weeks to qualify which you don't have between now and giving birth so there is nothing you can do from a state level.

    If the company doesn't want to give you their 6 months, they are also not required to if the stipulation is that you had to be there for some time.

    What you could have done, not that it matters now but for anyone else reading this, if you are accepting a job offer and are pregnant - GET MATERNITY LEAVE ADDED TO YOUR CONTRACT. I think women forget to negotiate offer terms and this economy and lack of jobs is making everyone give up on thinking they can negotiate. NEGOTIATE the terms of your employment, always and without reservation. This would have been your best plan if you wanted 3 months and wanted to be sure to get it. Unfortunately you are at the mercy of the 6 weeks they are offering you now, perhaps go back and ask for 8 weeks and see if they will split the difference with you? Never hurts to ask - worst they say is no at this point but know that they don't actually owe you anything and it is up to them. I wouldn't waste your time or money on an attorney who will tell you the same thing and also threatening a brand new employer is not a good way to start off a relationship or new job so I'd just nicely ask if there is anyway you could get 8 weeks and leave it at that.

16. AnonymousAugust 8,2024 at 1:57PM UTC

    Not the easiest thing to do, but I have seen it done (the individual was hired a VP level, however).

17. maria roseAugust 8,2024 at 1:24PM UTC

    I Googled what is the current/today description for leave of absence in NYS at present—NYC has a slight difference—In order to be eligible for Paid Leave the employee must remain in employment for 26 consecutive weeks if they regularly work 20 hours or more per week or 175 days consecutive if they work less than 20 hours per week.—this is concerning PTO—now taking unpaid leave is an open question depending on the employer , but what is under discussion is whether this OP qualifies for the NY PFL ( a form of FLMA strictly for NYS) that has this statement as of 2024–an eligible employee can receive up to 12 weeks of paid leave up to 67 percent of their average weekly wage—there is paperwork that needs to be filled to apply for this All employees are paying for this benefit in payroll deduction ( one of the reasons NYS has high SALT taxes) so it’s a benefit for NYS employees —this is for those who need/want a more extended leave option after giving birth than the standard sick time leave for recuperation after birth which is an automatic 6 weeks PTO—NYS has made this benefit to allow longer maternity/family leave for pregnant women after giving birth.

    What people seem to be missing here in this conversation is how to take these leaves and also consider whether the person will be returning back to work after the leave. Any extended leave ( paid or not) does have qualifiers about returning to work or not. Employers are required to provide a job position ( may not be the exact same job) for a given period of time if the employee plans to return.

    But if this discussion is only concerning having adequate paid time off during the leave of absence after giving birth the paid time starts with any eligible paid time off based on time with the employer. After and during that paid time leave, the lease paid by employer, the employee uses the NYS paid leave program for additional paid time. Don’t assume that you automatically qualify without applying for the benefits. The HR of the employer may have information about the forms or one has to apply directly to the NYS department of Labor under Paid Leave section —New York Paid Family Leave website—which has all the forms there.

18. AnonymousAugust 8,2024 at 3:48PM UTC

    In the particular case I was referencing, wasn't actual maternity leave but short-term disability that was much better than what the rest of us had. Don't know how it happened, but she did. But given all the things I've seen negotiated over the years, maternity leave would not surprise me in the least.

19. AnonymousAugust 8,2024 at 4:53PM UTC

    Not true, you can always negotiate leave and terms of your employment. As she said she signed a contract - the terms of which she could have asked for changes to. First, I have seen it done COUNTLESS TIMES and I am in NY. We have hired pregnant women before and they always ask about leave terms (usually at offer and contract time) and I have been told by HR before that we can only offer X or Y (now again this is our policy, I am not saying she can negotiate FMLA or PFL in NY) .. sometimes we negotiate unpaid time off (as the hiring manager I am usually told what HR is being asked so I can clear if it works for the department), we've even negotiated someone being able to use PTO against their bank with terms they would pay it back if they left the company. I've seen some weird stuff but to say you cannot is untrue. Perhaps its not 'negotiable' but its definitely something you can request and write into contracts, again because we've done it.

20. maria roseAugust 8,2024 at 7:05PM UTC

    Again as stated by the OP post, there should have been some written documentation made about the job offer that this OP signed on in June, that could not be changed once all paperwork was finalized. It appears that between the June date of acceptance of the job offer and the completion of the necessary hiring paperwork in July, some details were not disclosed concerning the leave of absence time and now the OP wants to know if they can change this to a longer time period—I am guessing using company paid leave longer before applying for the NYC/NYS PFMLA leave of absence benefits. Surely this should have been part of the discussion and finalized when accepting the job offer regardless of whether hiring paperwork is completed. Hoping for more than received as an after fact at this point sounds like a more point. Again NYS/NYC laws are still updating and perhaps this OP may not have realized what is involved entirely and assumed that the employer would cover more than they are required by law.

21. AnonymousAugust 9,2024 at 12:25PM UTC

    You need to speak to an employment discrimination lawyer.

22. AnonymousAugust 9,2024 at 2:58PM UTC

    How exactly is she being discriminated against? Here we go with the litigation again!

23. Helen TorresAugust 9,2024 at 3:22PM UTC

    It depends on how long you’re with the company. FMLA is a federal program that allows leave but you must be with the company for 12 months. Some companies offer an alternative if you do not meet the federal requirement. You should check the company policy.

24. maria roseAugust 9,2024 at 8:56PM UTC

    The OP here has taken a job in NYC and NYS has a special PMLA leave program that provides a paid benefit provided the individual qualities and applies—no lawyer needed unless one wants to pay extra for that expense. All big employers in NYS and NYC would have through HR access to the information links but everything is available on the NYS website for this program. I even Googled it and posted it on another comment in this thread what exactly is available since the employment is in NYS-NYC to be precise.

25. AnonymousAugust 10,2024 at 6:31PM UTC

    As many have said, she doesn’t qualify for state or federal benefits. Each has a time constraint unfortunately.

26. AnonymousAugust 12,2024 at 9:44PM UTC

    I would accept the 6 weeks. You are only going to be with the company for 4 months before taking matrinty leave.

27. AnonymousAugust 15,2024 at 12:39PM UTC

    Depending on the size of the company, they should be offering you accommodation leave because you do not qualify under FMLA. They would hav a hard time proving undue hardship unless super small org. Sounds like they are granting you the STD portion of the leave which you do not have to meet the same 12 months and 1250 hours and not the bonding time which falls under FMLA. Maybe try to speak with HR and talk it thru more and get a few weeks at least of the bonding time even if it is not the full 12 weeks and even if unpaid since you do not qualify for the state parental leave time and pay. I would often work with employees and meet them halfway at 9-10 weeks, they were able to do without you for that month upfront so they can make it work now:)