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Maternity Leave - Which State?

LadyHollywoodLadyHollywood member
in 1st Trimester

So I have gotten many many different answers to this question, and I am hoping someone here can help!

I live in New York, but work in New Jersey...  What maternity laws do I fall under?  And, what is it exactly?

Any help would be appreciated!  Thanks! 

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Re: Maternity Leave - Which State?

  • Mrs.Wifey318Mrs.Wifey318
    I believe you are subject to the laws of the state you work in. As that is where the business is located so it would follow they are subject to New Jersey law. HTH
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  • kimberleigh30kimberleigh30 member
    I would assume the law goes by where you work.
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  • agomez3@med.miami.eduagomez3@med.miami.edu
    I agree, I would think you would fall under the laws of the state you work in. Have you contacted your HR dep't?
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  • Amy MerrymanAmy Merryman
    You should be covered under FMLA if you have been working for your company for over a year. Otherwise does your company offer Short Term Dissability.
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  • aes62679aes62679

    I believe it's where you work. 

    What state does your taxes go to from your paycheck?

     

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  • iowagirl73iowagirl73 member
    I would assume it would be New Jersey law in combination with your employer's policy.  Double check with your HR department.
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  • LadyHollywoodLadyHollywood member

    Yeah, well, thats the thing...  My "HR" department is one person...  And of NO help.  She is new to the role...  Promoted to it from another department COMPLETELY unrelated to HR...  Nice right?

     I figured it should go by where I work, but I wasn't sure, since I pay taxes to both states - More to NY, and I usually get a refund from NJ.

    In the meantime, my "HR person" is "looking into it"....

    I know my company does offer short term disability.  "HR" is getting me the details on that too.

    Thanks all for your input! 

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  • iowagirl73iowagirl73 member

    Do you work for a place that has another branch where maybe you can ask their HR person? 

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  • LadyHollywoodLadyHollywood member
    No, unfortunately.  It's strange - - We have offices in several states, and countries........... but 1 HR person...  Who just got the role, with no HR background...  It's bizarre, really.
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  • mrs.bubblymrs.bubbly

    hi there! I live and work in NJ and I know it's different for each company. At my job, we get 4 weeks paid before the baby comes (through short term disability i believe) and then 6 weeks after the baby is born (through FMLA i believe) If the birth is C-section, we get 8 weeks.

    Your HR rep should have all the info. There are several forms involved but it's pretty easy to get set up. My cousin lives in NY and her drop (she's xray tech) needs to paperwork 30 days prior to the baby being born...

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  • DrDPMDrDPM member
    I also live in NJ, but work in Philly. I'm taking my FMLA leave according to my hospital's policy, but in NJ you are entitled to more FMLA leave (unpaid, I think an additional 12 weeks) that you employer must allow if you choose to use it. HTH!
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  • LadyHollywoodLadyHollywood member
    Thank you everyone!!!
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