Pregnant in New York?

If you work in New York, this guide will walk you through your rights and options:

Your Rights During Pregnancy

While you're pregnant, you might need a change to your job duties or work environment to stay healthy. NY workers have the right to reasonable accommodations for medical needs related to pregnancy or childbirth.

Purpose: Use this law to request a stool, bathroom breaks, permission to eat or drink at your workstation, a larger uniform, changed work schedule, light duty, or other reasonable accommodations. In NY, employers generally must provide reasonable accommodations for a medical need related to pregnancy or childbirth, unless doing so would be very difficult or expensive for your employer (an "undue hardship").

While you're pregnant, you might need occasional time-off or a longer leave of absence. For instance, you might need a few hours off to attend a prenatal appointment, a few days off due to nausea, or a longer period of leave due to a serious pregnancy complication.

There are three laws that can provide time-off in circumstances like these, as well as a fourth law that can provide cash benefits while you are on leave:

NY & NYC Sick Time

Many NY workers have the right to earn paid, job-protected sick time. Purpose: Use this time for prenatal or postnatal appointments, a child's routine check ups, morning sickness, or many other reasons. Amount of time: Up to either 40 or 56 hours a year, depending on the size of your employer. How to use: Tell your boss you need to use your sick time. Your employer must pay you like normal.

Family and Medical Leave Act (FMLA)

Many workers have the right to unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA). Purpose: Use this time to address your own serious health needs, including if you are unable to work due to pregnancy or childbirth. FMLA can also be used to care for a seriously ill family member or to bond with a new baby. Amount of time: Up to 12 weeks a year. Generally, FMLA can be taken all at once or in shorter chunks of time, like a few hours or days. How to use: Tell your employer you will need to take FMLA leave, at least 30 days before your leave will begin. If your employer requests medical certification, get a certification form from your boss. Give the form to your health care provider promptly. You generally must return the completed certification to your employer within 15 calendar days.

Time-off as a reasonable accommodation for a pregnancy-related medical need

Even if you are not eligible for sick time or FMLA, or if you have used up your sick time or FMLA, you may have the right to unpaid, job-protected time-off as a reasonable accommodation for a pregnancy-related medical need. Purpose: Use this time for prenatal or postnatal appointments, morning sickness or many other reasons. It can also be used over a period of weeks or months for longer lasting pregnancy related needs. In NY, employers must provide time-off as a reasonable accommodation for pregnancy-related medical needs, unless it would be very difficult or expensive for them to do so (an "undue hardship"). How to use: Tell your boss you need time-off as a reasonable accommodation due to pregnancy. Give a specific date when you'll be able to return to work—it's okay if it needs to change later. Keep in mind that your employer can deny the leave if it would be an undue hardship to provide it.

NY Temporary Disability Insurance (TDI)

You may have the right to cash benefits while on leave. Purpose: Use if you have an off-the-job injury or illness, including if you are unable to work due to pregnancy or childbirth. Amount of time: Up to 26 weeks a year. Job protection: TDI is not a source of job protection—just pay—so it does not protect you from being fired. However, if you are taking unpaid time off under the FMLA or pregnancy accommodation laws, those laws may protect your job while you're receiving TDI.

After Giving Birth

After you give birth, you may need leave to recover, as well as time to bond with your baby. Although you will recover from childbirth and bond with your baby at the same time, the law treats time to recover from childbirth and time to bond with your baby differently.

Often, covered workers will use the recovery laws first, typically in the 6 weeks after a vaginal delivery or the 8 weeks after a c-section. Then, they will use a bonding law to bond with their baby. But, for financial reasons, some workers will structure their leave differently, such as taking paid bonding leave immediately after childbirth, without taking leave to recover.

Leave to Recover from Birth

FMLA: Many workers have the right to unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA). Use this time for your own serious health condition, including recovering from childbirth (typically 6 weeks after a vaginal delivery and 8 weeks after a c-section) or attending postnatal appointments.

Time-off as a reasonable accommodation to recover from childbirth or for a related condition: Even if you are not eligible for time-off under the FMLA, or have used up your FMLA, you may have the right to unpaid, job-protected time-off as a reasonable accommodation for childbirth or a related condition. Use this time for many reasons, including to recover from childbirth, to attend postnatal appointments, or for your own pregnancy-related medical need or condition, such as postpartum depression or mastitis.

NY Temporary Disability Insurance (TDI): You may have the right to cash benefits while on leave. Use if you have an off-the-job injury or illness, including if you are recovering from childbirth (typically 6 weeks after a vaginal delivery and 8 weeks after a c-section).

Leave to Bond with Your Baby

Option A: NY Paid Family Leave (PFL): Many NY workers have the right to paid, job-protected leave to bond with a new baby. Use this time to bond with a new baby anytime within 12 months of the baby's birth. PFL can also be used to care for a seriously ill family member.

Option B: FMLA: Even if you are not eligible for paid bonding leave under PFL, you may be eligible for unpaid, job-protected bonding leave under the FMLA, if you have not used up your FMLA. Use this time to bond, if you are not eligible for PFL.

Your Rights When Returning to Work

When you return to work, you might need a private, clean space and break time to pump milk for your baby. You might also need other accommodations related to pregnancy or childbirth.

NY workers have the right to pump milk at work and receive accommodations for other postpartum needs.

Purpose: Use these laws to get reasonable break time to express milk for up to three years after your baby's birth and a private space, other than a bathroom, to pump. You can also receive accommodations for childbirth or pregnancy-related medical needs or conditions, like mastitis or postpartum depression, unless it would be very difficult or expensive for your employer to provide (an "undue hardship").

Retaliation is illegal: Your employer cannot fire or punish you for requesting or receiving accommodations or time-off under the law.

For More Information:

Visit a Better Balance's Workplace Rights Hub

Employers can always provide more than the bare minimum the law requires, so be sure to check your employer’s policies for any additional benefits they may offer. If you are in a union, check if your union contract guarantees any additional benefits.

The information in this guide does not constitute legal advice. It is always advisable to consult an attorney about your individual circumstances.

If you have questions, call A Better Balance’s free, confidential legal helpline at 1-833-NEED-ABB (1-833-633-3222) or fill out our online help form.