Are you worried about what will happen if you take maternity leave? Pregnancy can already be incredibly stressful on your mind, body, and finances. Please keep reading to learn what your pregnancy rights are. If you believe your employer has violated your rights, we are here to help. Attorney Michelle Cimino is experienced in handling these types of cases. Give us a call today to set up a consultation.
Paid Family Leave – Pregnancy Rights
In New York State, your pregnancy rights entitle you to 12 weeks of partially paid maternity leave to bond with your newborn baby. This leave is extended to your partner for family leave. Your maternity leave will be paid, but your partner’s family leave is not going to be paid.
You will be entitled to 67% of your weekly pay for the duration of your maternity leave. You can take all 12 weeks, but you don’t have to if you would like to return to work sooner. Paid family leave is taxpayer-funded in New York and has been updated to cover private employees in 2022.
This was a four-year phase-in through New York State to provide employees with paid family leave to bond with new babies or take care of a family member.
You or the other parent can take your family leaves within 12 months of the adoption or delivery of a new child to bond with them.
If you have been fired right before you take your maternity leave or you are demoted after requesting to take family leave, your employee rights have likely been violated, and you should seek legal representation immediately.
Pregnancy Rights to Reasonable Accommodations
Like any other medical condition, your employer is required to provide you with reasonable accommodations as part of your pregnancy rights. That could be sufficient breaks to use the restroom, eat, or get off of your feet to avoid swelling.
If you work a job that requires heavy lifting and extended shifts on your feet, your employer should adjust your duties for you to work safely. It may depend on what your doctor recommends, but a good rule of thumb is that you should not be lifting anything over 20 pounds during your pregnancy.
If your employer refuses to make reasonable accommodations for you throughout your pregnancy, demotes you, or lets you go, your employer may have violated your rights. Please don’t hesitate to reach out right away to set up a consultation with our Rochester pregnancy rights lawyer.
Rights to Breastfeed at Work
After you return to work, you may have the added need for accommodation if you are breastfeeding. In some places in the country, such as NYC, you are entitled to a private space aside from a restroom to breastfeed, including a place to sit and a fridge to store your breastmilk.
While this is not the case across the state, you are still entitled to adequate breaks to express breastmilk during the workday. Your employer should provide you with a private space to pump.
Suppose they do not provide you with reasonable accommodations to express breastmilk; you are being discriminated against. In that case, you have the right to reach out to an attorney to talk about a potential employment claim.
Your Consultation with Our Rochester Employment Lawyer
Every employee deserves to be treated fairly in the workplace. If you are pregnant and you feel that your pregnancy rights have been violated, we strongly urge you not to delay contacting our office. Attorney Michelle Cimino is experienced in handling cases for expectant and new parents. To learn more about your rights and whether you have a claim, please call our office today to set up a consultation.
