NYS Maternity Leave?

kac0807

Ok so the other day this woman I work with asked me when I was going to "go out" of work. I told her I was probably going to work right up until my EDD because I wanted to save my vacation time for after the baby arrives. She was telling me that she used to work for the state and that all women are entitled to 4 weeks prior to their delivery without question and anything more than that would need a medical excuse. I told her I had never heard of that or been told that by our HR dept. Have any of you ever heard of this?

jnk062602

I don't know the rules.  But with dd, my dr pulled me 2 weeks before and I was paid in full.  It went under short term disability, not maternity I believe.  I can't remember though if I had a note or not...I probably did but I am not sure if they required one.  I am planning/hoping on being pulled 2 weeks in advance again.  Last time I went a week late, so 3 weeks out of work I was getting antsy.  I don't think I would take 4, especially bc what if that turned into 5 or 6?

prncsstp

This is what the state website says about disability and pregnancy (https://www.wcb.state.ny.us/content/main/offthejob/CommonQuestions_DB.jsp):

Q. Can a claimant collect Disability Benefits for disability caused by pregnancy? A. Yes. If she is disabled because of pregnancy, she may be entitled to up to 26 weeks of benefits. Disability can occur at any time during pregnancy.

 

Q. What determines disability due to pregnancy? A. Disability can only be determined and certified by a physician or certified nurse midwife through the submission of medical reports. If a claimant becomes disabled more than four to six weeks prior to the anticipated birth date, or is disabled more than four to six weeks after the actual birth date, more detailed information regarding the disability may be required. The medical reports should describe specific symptoms, rather than just general prognosis. Note: An elective sterilization procedure will not extend the payable period of disability, since benefits are not payable for any period an individual is unable to work due to elective surgery.

 

Q. Can an employee collect disability benefits if on maternity leave? A. Yes. If she is on a leave of absence without pay (i.e. maternity leave), and becomes disabled within four weeks of the last day she actually worked, she is entitled to benefits from the employer/carrier (if otherwise eligible). If the disability begins more than four weeks from the last day actually worked and she is claiming/receiving Unemployment Benefits, she is entitled to disability benefits from the Special Fund for Disability Benefits (if otherwise eligible).

BUT - the payout is low... you either get 50% of your pay OR a maximum of $170/week.

Bianca42

I could have stopped working that early, but I would have had to use my vacation/personal time or gone unpaid until I had the baby and disability kicked in.  With my first I just decided on my own to stop working the Friday before my due date.  I had the baby on Monday.

mrsoc

I work for the State and I think that I was able to take up to 2 weeks before and 6 weeks after (vag. birth) or 8 weeks after (C-section).  That is what I can use Sick Leave for.  I can take up to 7 months total, using other leave credits or leave without pay.  I had enough time to take 4 1/2 months off and still have time on the books when I return.  I did not take any time before, because A came early, so I worked until 5 p.m. the day before.  

preggersin2011

anything you need to know should be spelled out in your benefits handbook.  FMLA will cover you for 12 weeks, state disability will cover you for 6 of those weeks (sick time has to be used up before disability will pay). if your employer gives you additional time that'd be in your benefit book. my doctor asked when i wanted to go out of work & i said when my water breaks, so my FMLA paperwork has my due date on it. other's i've worked with took leave at 38weeks