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Ababy4me
LIF Infant
Member since 1/09 129 total posts
Name:
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Another ? about maternity leave
I'm sorry if this is a stupid question or if it's been asked a million times before...I'm just wondering, is there a law in NY about getting a little bit of paid time off after giving birth or is it entirely up to the employer?
For instance, if I gave birth yesterday does my job have to give me a week or so of paid time off to recover or would I be expected to go back the next day unless I had sick/vacation time or went out on unpaid leave?
I'd like to ask my boss, but I am VERY early & I don't want to arouse suspicion yet & I can't ask any of my coworkers because they're all 45-50+ & had their kids years ago! Oh & we don't have an employee handbook - they've been working on it for years
I don't know if it makes a difference, but I work a local civil service job & I did find some paperwork that stated we get 12 weeks unpaid, but I just find it so hard to believe that we don't get any paid time off other than our sick/vaca time
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Posted 1/16/09 9:41 AM |
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Long Island Weddings
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ruby
you rang?

Member since 6/08 5573 total posts
Name:
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Re: Another ? about maternity leave
No, paid time off is not mandatory. Time off itself isn't mandatory either unless you get disability.
I'm not getting paid time off. I get 12 wks unpaid through FMLA (Family Medical Leave Act). If your company has 50 or more employees and you've been employed with them for at least a year, then you are at least eligible for that. Basically it just means that they'll hold my job for me for 12 wks. Any additional time I want to take I would have to use my vacation time.
Some girls are very lucky though and get paid time off.
Message edited 1/16/2009 9:45:19 AM.
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Posted 1/16/09 9:44 AM |
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Ababy4me
LIF Infant
Member since 1/09 129 total posts
Name:
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Re: Another ? about maternity leave
Ahhh thanks - I had a feeling that was the answer...Well I get all new sick & vaca time come 7/1 so I'm going to have to hoard it and try to get at least 5 weeks out of it...that just seems so short
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Posted 1/16/09 9:46 AM |
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csorisi
My 2 LOVES

Member since 11/05 1984 total posts
Name: Corinne
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Re: Another ? about maternity leave
Under NY law you would get 6 weeks disability for vaginal birth or 8 for c-section. It is a very small amount weekly--I am not sure of the exact amount. Every job is different though--even in my firm attorneys get different leave then the staff.
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Posted 1/16/09 10:28 AM |
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Ababy4me
LIF Infant
Member since 1/09 129 total posts
Name:
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Re: Another ? about maternity leave
Thanks! Just to be clear, though, because I'm so clueless about this sort of thing...disability for pregnancy is always unpaid time off right?
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Posted 1/16/09 10:30 AM |
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MrsS2005
Mom of 3

Member since 11/05 13118 total posts
Name: B
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Re: Another ? about maternity leave
Posted by Ababy4me
For instance, if I gave birth yesterday does my job have to give me a week or so of paid time off to recover or would I be expected to go back the next day unless I had sick/vacation time or went out on unpaid leave?
You're considered disabled for 6 weeks for a vaginal birth and 8 weeks for a c-section. You wouldn't be expected to come back until you're no longer disabled. FMLA protects your job for 12 weeks. If you work for a place with 50 or more employees and you've been working there for at least 1 year and 1250 hours in the past year, you're protected by FMLA. FMLA only guarantees you unpaid leave. You may be eligible for disability payments during those 6 or 8 weeks you're considered disabled.
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Posted 1/16/09 10:31 AM |
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Ababy4me
LIF Infant
Member since 1/09 129 total posts
Name:
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Re: Another ? about maternity leave
OK - I think I've got it now. Thanks so much for your help everyone
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Posted 1/16/09 10:43 AM |
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headoverheels
s'il vous plaît

Member since 6/07 42079 total posts
Name: LB
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Re: Another ? about maternity leave
i sent you FM
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Posted 1/16/09 10:54 AM |
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DanandNette
Love my baby boy!

Member since 9/08 2830 total posts
Name: Jennette
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Re: Another ? about maternity leave
Posted by csorisi
Under NY law you would get 6 weeks disability for vaginal birth or 8 for c-section. It is a very small amount weekly--I am not sure of the exact amount. Every job is different though--even in my firm attorneys get different leave then the staff.
Are you only eligible to collect disability if you are returning to work? I don't plan on coming back and was curious how to go about this.
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Posted 1/16/09 11:01 AM |
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babyfaith
Onward and Upward!
Member since 2/08 3210 total posts
Name:
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Re: Another ? about maternity leave
The only paid time off is if you use sick days or vacation days. FMLA allows you 12 weeks of UNPAID leave where your employer must hold your job and offer you medical benefits (which you will have to continue to pay for). HTH!
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Posted 1/16/09 2:55 PM |
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Bridex100
Two Under Two Mommy

Member since 3/08 10420 total posts
Name: Momx100
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Re: Another ? about maternity leave
I thought everyone got 12 weeks paid time off but that is not the reality. Employers are not obligated to pay you anything.
I would read your HR book. All of them have a maternity/family leave section. Our network actually has a whole public folder online where you can download all the forms and read the details of maternity leave. I did that WAY before I talked to anyone at work about being pregnant.
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Posted 1/16/09 3:06 PM |
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