New York State Paid Family Leave, Pregnancy, and Retaliation

New York State has some of the most progressive protections for employees who need to take time off to bond with their newborn child. This is exemplified in the New York State Paid Leave Program. Specifically, New York State provides 12 weeks of fully paid parental leave for certain employees to bond with a newborn.

I. How does the New York State Paid Family Leave Program work?

Before the New York State Paid Family Leave program, a primary way in which parents took time off to care for a newborn was through the Family Medical Leave Act (FMLA). As of 2018, most employers are required to obtain Paid Family Leave insurance under the New York State Paid Family Leave Program. This insurance is generally added as a rider on an existing disability insurance policy that the employer has implemented.

II. Anti-Retaliation Measures in Place

There can be no discrimination or retaliation for requesting or taking Paid Family Leave. As another layer of protection, an employer must reinstate the employee to the same or a comparable position when the employee returns from Paid Family Leave.

Here is an example. Let’s say that Marly works for a marketing agency. She is a top performer and has worked for the agency for many years. She has also been assigned to the CB account, a significant account to be assigned to. Working on the CB account is often only given to those employees with the most seniority and the best track record because it results in the highest bonuses. Then Marly takes ten weeks of New York State Paid Family Leave to bond with her newborn. However, upon her return, her employer will not place her back on the CB account and further states, “We thought you’d want something less demanding now that you’re a mom.” This is very likely discrimination based on Marly’s decision to take New York State Paid Family Leave.

Did your employer punish you for using New York State Paid Family Leave? Contact NY Disability Lawyers DeToffol & Gittleman today for a free consultation, and let’s ensure you receive the fair treatment you deserve.

The information in this blog post is for informational purposes only and should not be construed as legal advice.