Must My Company In Manhattan Offer Its Workers Paid Maternity Leave Or Paid Paternity Leave?

Yes, up to a point.  Regardless of the workers’ gender, workers in New York State are eligible for up to twelve (12) weeks of family care leave at 67% of the employee’s average weekly wage, up to a maximum of 67% of New York State’s average weekly wage.  Among the circumstances in which a worker in New York State may take family care leave is to bond with the employee’s child during the first 12 months after the child’s birth, or the first 12 months after the placement of the child for adoption or foster care with the employee.

In addition, pregnant employees in New York City (including the borough of Manhattan) and throughout the remainder of New York State may receive up to 26 weeks (during 52 consecutive weeks) of STD benefits at 50% percent of the employee’s average weekly wage, up to the maximum benefit is $170 per week.

Maternity Leave and Paternity Leave Under the New York State Paid Family Leave Act

More specifically, under the New York State Paid Family Leave law, all private employers in New York State and many public employers in New York State must allow employees to take, and to return to their jobs after taking, as much as twelve (12) weeks of paid leave in a 12-month period (1) to participate in providing care made necessary by a “serious health condition” of a child, spouse, domestic partner, parent, grandchild, grandparent, sibling, or parent of a spouse or domestic partner, (2) to bond with the employee’s child during the first 12 months after the child’s birth, or the first 12 months after the placement of the child for adoption or foster care with the employee, or (3) because of any “qualifying exigency” arising out of the fact that the spouse, domestic partner, child, or parent of the employee is on active duty in the U.S. Armed Forces.

Under the New York State Paid Family Leave Law, leave taken by an employee from work in the above circumstances is called “family care” leave.

The New York State Paid Family Leave Law applies to, among other entities, all nongovernmental employers having one or more employees.

Under New York law, a full-time employee is eligible for family care leave when he or she has been employed for not less than 26 consecutive weeks. A part-time employee is eligible for family care leave when he or she has been employed for not less than 175 days.

Benefit amounts for family care leave were phased in over several years, as follows:

Through December 31, 2019, workers were eligible for up to ten weeks of family care leave paid at 55% of the worker’s average weekly wage, up to a maximum of 55% of New York State’s average weekly wage.

Beginning on January 1, 2020 and continuing through December 31, 2020, employees were eligible for up to ten weeks of family care leave at 60% of the employee’s weekly wage, up to a maximum of 60% of New York State’s average weekly wage.

Beginning on January 1, 2021 and continuing thereafter, workers are eligible for up to twelve (12) weeks of family care leave at 67% of the employee’s average weekly wage, up to a maximum of 67% of New York State’s average weekly wage.

Short-Term Disability Benefits For Pregnant Employees In New York

Further, most workers in New York City (including the borough of Manhattan) and throughout the rest of New York State are eligible for temporary cash benefits, known as short-term disability benefits (“STD benefits”), when they are disabled by injury or sickness that is not work-related. Specifically, most workers in New York may receive up to 26 weeks (during 52 consecutive weeks) of short-term disability benefits at fifty percent of the employee’s average weekly wage, but no more than the maximum benefit allowed. N.Y. Workers’ Comp. Law §§ 204, 205(1). Currently, the maximum benefit is $170 per week. Id. § 204.

For purposes of receiving short-term disability benefits in New York, ” ‘Disability’ also includes disability caused by or in connection with a pregnancy. ” N.Y. Workers’ Comp. Law § 201(9)(B). As a a result, pregnant employees in New York may receive up to 26 weeks (during 52 consecutive weeks) of STD benefits at 50% percent of the employee’s average weekly wage, up to the maximum benefit is $170 per week.

In in New York City (including the borough of Manhattan) and throughout the remainder of New York State, short-term disability benefits (including STD benefits for a disability caused by or in connection with a pregnancy) are paid in one of two ways: wholly by the employer, or jointly by the employer and the employee. Employers may deduct a maximum of 60 cents per week from employees to pay for this insurance. See N.Y. Workers’ Comp. Law § 204.

Further, it is unlawful in New York State for an employer or an employer’s duly authorized agent to discharge or in any other manner discriminate against an employee because the employee has claimed or attempted to claim short-term disability benefits, including STD benefits for a disability caused by or in connection with a pregnancy. N.Y. Workers’ Comp. Law §§ 120, 201(9)(B).

If your company needs assistance or guidance on a labor or employment law issue and your company is located in the New York City metro area, call Manhattan Wrongful Termination Attorney David S. Rich at (347) 835-5688.