Toolkit Layout 9.17.24 digital MM final (Part 3 of 4)

Domestic Violence, Sexual Assault & Stalking: It is unlawful for an employer to discriminate against you in the workplace based on your status as a victim of domestic violence. Depending on where you live, additional protections may exist, including protections for victims of sexual assault or stalking, that can help you keep or leave your job while addressing the abuse..

39. © 2024 Legal Momentum. Domestic Violence, Sexual Assault & Stalking: Domestic violence causes far more pain than the visible marks of bruises and scars.” — Dianne Feinstein, U. S. Senator, CA © 2024 Legal Momentum 3399.

Domestic Violence, Sexual Assault & Stalking you in the workplace based on your status as a victim of domestic violence. Depending on where you live, additional protections may exist, including protections for victims of sexual assault or stalking, that can help you keep or leave your job while addressing the abuse.

How Can Domestic Violence, Sexual Assault,

or Stalking Impact Your Job?

Domestic violence, sexual assault, or stalking can destabilize your

• Legal obligations, including the need to go to court to get an

life at home and at work. Victims of domestic violence, sexual order of protection, attend a court appearance, meet with the assault, or stalking often face unique challenges in the workplace district attorney’s office, or attend a custody hearing. due to consequences of the abuse. You may have trouble performing your work duties, getting to work on time, or you may • Safety concerns at work, either because the perpetrator works need time off due to various factors, including: with you or knows where you work, has appeared at your work, is making harassing phone calls to you at work, or has

• Psychological impact of the abuse, including difficulty made other threats.

concentrating, anxiety, and depression. If domestic violence, sexual assault, or stalking is impacting

• Physical injuries from the abuse that require rest, recovery,

your ability to get or keep a job, you may qualify for certain legal and/or medical care. protections or be able to negotiate with your employer to secure

• Housing instability, including the need to flee, find a safe place changes at work to better protect your health and safety while

to stay, find new housing, or enroll children in a new school. staying employed. What Qualifies as Domestic Violence,

Sexual Assault, or Stalking?

Note: These are not legal definitions, which vary based on federal, that control or interfere with a person’s ability to acquire, use, or state, and local laws; depend on the context; and are often tied to maintain economic resources.131 specific criminal laws. SEXUAL ASSAULT: Typically covers specific nonconsensual DOMESTIC VIOLENCE: Typically involves acts or threats of sexual acts that are prohibited under criminal laws.132 violence or a pattern of threats or abuse committed by a person STALKING: Typically covers specific acts prohibited under such as a spouse, intimate partner, a person with whom the victim criminal laws. You may be a victim of stalking if you have been shares a child in common, or family or household member.130 As the target of a pattern of behavior that causes you to fear for your of July 4, 2023, New York City includes economic abuse under the safety or the safety of others or to suffer substantial emotional definition of domestic violence. Economic abuse involves acts distress.133

Who is Protected by the Law?

In New York, you are entitled to protections in the workplace if NYC & WESTCHESTER: If you work for any employer in you are a victim of domestic violence.134 Note that the abuse New York City,135 or Westchester County136 you are entitled can occur anywhere and does not have to occur in the workplace to additional protections if you are a victim of domestic in order for you to qualify for protections. violence, sexual assault, or stalking.

What are My Legal Rights?

PROTECTIONS AGAINST DISCRIMINATION: In New York This means that it is unlawful for your employer to change your State, your employer is prohibited from treating you negatively schedule, reduce your hours, deny you a promotion, change your job because you are a victim of domestic violence.137 This protection responsibilities, or reduce your pay because you are a victim, unless means you cannot be: denied a job; fired; or be treated differently with your employer takes any of those actions specifically at your request.

respect to salary, or terms, conditions, or privileges of employment based on your gender or status as a Victim of Domestic Violence. 40 © 2024 Legal Momentum gniklatS ,stluassA lauxeS ,ecneloiV citsemoD

41 © 2024 Legal Momentum gniklatS ,stluassA lauxeS ,ecneloiV citsemoD This also means that your employer is prohibited from firing you circumstances or conditions. This type of denial may constitute because you are being harassed at work by your abuser or based unlawful discrimination. on gender-based stereotypes. For example, it’s unlawful for your You may have an order of protection from the court. Note that this employer to fire or demote you because your boss does not want to is an order from the court directing an individual to do or not do deal with the “drama battered women bring to the workplace.” something, e.g., to stay away from you. However, your employer is Even if you are not legally entitled to a reasonable accommodation not a party to that order and so may not be required to enforce it (see below), your employer may be engaging in unlawful (meaning your employer may not be required to take action to ensure discrimination if it denies your request for an adjustment to address the perpetrator is abiding by the order or take action if it is violated).

the abuse if your employer has provided similar adjustments to your As of November 18, 2019, employers in NYS must allow reasonable co-workers on other grounds. time off as an accommodation in order to:141

• Seek medical attention for injuries caused by domestic violence.

NOTE: In order to be covered by these protections, you will have to inform your employer about your status as a victim of • Obtain services from a domestic violence shelter, program or rape domestic violence and may need to provide documentation of crisis center. such. Keep in mind that domestic violence can have a significant • Obtain psychological counseling related to an incident of domestic impact on your attendance and performance, which are both violence.

grounds for discipline or termination. If you think that the abuse is impacting your work performance, it may help to notify • Participate in safety planning or to take other actions to increase your employer; otherwise, you will not be covered by these safety from future incidents of domestic violence.

protections. It is a violation of the law if your employer retaliates When an employee cannot give advance notice of the reason for the against you for disclosing your status. absence, the employer can request certification, which the employee must provide within a reasonable time: REASONABLE ACCOMMODATIONS: A “reasonable

• A police report indicating that the employee or his or her child was

accommodation” is a change or adjustment to your working a victim of domestic violence; conditions, including your work duties or schedule. These adjustments can help a victim address the range of workplace • A court order protecting or separating the employee or his or her impacts of the abuse or trauma. child from the perpetrator of an act of domestic violence;

• Other evidence from the court or prosecuting attorney that the

NOTE: Examples include, but are not limited to, a request for employee appeared in court; or time off, a change in your work location, a change in your hours • Documentation from a medical professional, domestic violence or shifts, a new phone number, a reassignment or a transfer to advocate, health care provider, or counselor that the employee another location, implementation of certain security protocols or his or her child was undergoing counseling or treatment for such as an escort, or a temporary reduction in hours. physical or mental injuries or abuse resulting in victimization from an act of domestic violence.

Under federal you are not generally entitled to a reasonable NYC & WESTCHESTER: If you are a survivor of domestic accommodation for domestic violence, sexual assault, or stalking. violence, sexual offense/sexual assault or stalking and you work However, if, as a result of the abuse, you suffer from a mental or for an employer in New York City142 or in Westchester County143 physical condition that qualifies as a disability, you may be able to you have greater protections and are entitled to a reasonable request a reasonable accommodation under federal law (if you work accommodation based on your status as a victim.

for an employer with 15 or more employees) or under state law.138 Your employer must work with you to accommodate your disability, In New York City, your employer must engage in a “cooperative unless your request would create an undue hardship for your dialogue” or an “interactive process”144 when considering a employer or would prevent you from fulfilling your essential work reasonable accommodation request. Your employer is not functions. required to make adjustments that would create a significant hardship for them or would mean that you could no longer fulfill the essential functions of your job. This means that you and your NOTE: Under federal law, a person with a disability is defined employer should be able to work together to find a solution that as a person who has a physical or mental impairment that helps you and still works for them.

substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person CAN I TAKE TIME OFF? You may be able to take time off in who is perceived by others as having such an impairment.139 certain circumstances. Under NYS law, a disability is defined as a physical, mental, or

• FOR COURT: In New York State, it is unlawful for your employer

medical impairment resulting from anatomical, physiological, to terminate or penalize “a victim of a crime” for taking time off genetic, or neurological conditions which prevents the exercise to appear in court, appear as a witness, consult with the district of a normal bodily function or is demonstrable by medically attorney’s office, or obtain an order of protection.145 This law accepted clinical or laboratory diagnostic techniques.140 covers victims of a charged criminal offense, anyone who has been subpoenaed to attend a criminal proceeding as a witness, or Even if a reasonable accommodation is not legally required, anyone exercising rights as a victim under applicable sections of remember that your employer is prohibited from denying your the criminal procedure law, the family court act, or the executive request for an accommodation simply because of your status law. If you seek protection under this provision, you must notify as a victim. As noted above, if it has granted requests for similar your employer prior to the day of your attendance.

kids in a new school, or take other necessary measures to protect

• VACATION/SICK/PERSONAL TIME: Under your employer

your mental and physical health. policy or handbook, you may be able to use available vacation, sick, or personal time off to address the abuse. Note, that your If you meet this requirement, you are eligible to earn 1 hour employer may be engaging in unlawful discrimination if it denies of safe or sick time for every 30 hours worked up to 40 hours your request but has approved request from your coworkers on a year.150 Note that you must provide adequate notice for other comparable grounds such as for personal needs and family foreseeable events.151 emergencies. Be sure to inform your employer as early in advance In order to receive these protections, you do have to reveal to your as possible and comply with your workplace policy for requesting employer that you are a victim of domestic violence and provide and taking personal time off.

documentation to verify your status as a victim of domestic

• DISABILITY: As discussed above, if you suffered a disability as violence, if your employer requests it. You can satisfy this

a result of the abuse, you may be entitled to request time off as a requirement by providing documentation from a victim services reasonable accommodation for your disability and you may qualify organization, an attorney, a member of your religious institution, or to receive short term disability benefits. a medical or other professional service provider who you went to for assistance for the abuse; a police or court record; or a notarized

• MEDICAL LEAVE: If you have suffered a serious health

letter you wrote explaining why you need this time off. Once you tell condition as the result of the abuse, you may qualify to take up your employer about your situation, your employer must keep all of to 12 weeks of unpaid job-protected leave under the Family and your information confidential. Medical Leave Act (FMLA) if you are eligible and have worked sufficient days and hours (at least 1 year and at least 1,250 hours RETALIATION: Your employer is legally prohibited from in the past year for an employee with 50 or more employees). retaliating against you for exercising your rights under these laws. Unfortunately, many employers will still engage in unlawful PAID SAFE TIME: In New York State, employees may use their discrimination. If your employer does penalize you for invoking these accrued paid sick time for absences because the employee or protections, remember that retaliation is a separate violation of the employee’s family member is a victim of a family offense, sexual law, meaning that in some cases, even if an employer is found not offense, stalking, or human trafficking:146 to have discriminated against you, it may still be liable for retaliating

• to obtain services from a domestic violence shelter, rape crisis against you and may have to pay damages. Note, however, that you

center, or other services program; must still comply with workplace rules, and you can still be subject to discipline or penalized for poor performance or for breaking

• to participate in safety planning, temporarily or permanently

workplace rules, so long as your employer’s conduct is not based on relocate, or take other actions to increase the safety of the your sex or gender. employee or employee’s family members; UNEMPLOYMENT BENEFITS: If you feel that you need to

• to meet with an attorney or other social services provider to obtain

quit your job because of domestic violence, you may qualify information and advice on, and prepare for or participate in any for unemployment benefits. To obtain benefits, you will need to criminal or civil proceeding; explain that you left your job because of the domestic violence and

• to file a complaint or domestic incident report with law because you believed that staying at your job would jeopardize

enforcement; your safety or the safety of your family. You may be required to submit documentation to verify that you are a victim of domestic

• to meet with a district attorney’s office;

violence. For more information, visit: https://www.labor.ny.gov/

• to enroll children in a new school; or unemploymentassistance.shtm.

• to take any other actions necessary to ensure the health or safety CRIME VICTIM’S COMPENSATION: If you are a victim of a

of the employee or the employee’s family member or to protect crime in New York State, including domestic violence or sexual those who associate or work with the employee. assault, you may be eligible to receive compensation to cover specific Employees accrue sick leave at a rate of one hour of leave for expenses such as medical and counseling costs, lost wages, shelter every 30 hours worked. Employees of employers with 100 or more costs, and transportation. You can file a claim with the NYS Office of employees accrue up to 56 hours of paid sick leave per year; Victim Services. For more information, visit: https://ovs.ny.gov.

employees of employers with 5 to 99 employees accrue up to 40 HOUSING: It is unlawful for a landlord to discriminate against you hours of paid sick leave per year; and employees of employers with because you are a victim of domestic violence.152 This means that a 4 or fewer employees accrue up to 40 hours of unpaid sick leave landlord is prohibited from evicting or refusing to rent to you because per year.147 When this leave lasts 3 or more days, the employer can of your status as a victim of domestic violence. If you have an order request the employee provide an attestation from a medical provider of protection and you no longer feel safe in your rental apartment, or from the employee verifying employee’s eligibility for leave. you can request that your landlord terminate your lease early and However, the employer cannot require that the employee explain you can obtain a court order from the judge who issued your order the details of the domestic violence, sexual offense, family offense, of protection if your landlord refuses to let you out of your lease.153 human trafficking, or stalking.148 As of May 13, 2022, New York State Human Rights Law specifically protects against discrimination in public accommodation and

• NYC: If you work in New York City for an employer with 5 or more

housing on the basis of status as a victim of domestic violence.154 employees, or you are a domestic worker, your employer must provide paid safe time to eligible employees.149 Paid safe time is PUBLIC ASSISTANCE: If you are a victim of domestic violence, time off to allow you to obtain services for abuse, to relocate, take sexual assault, or stalking, you may be facing various types of measures to secure your safety, meet with an attorney or service instability and you may need assistance to make ends meet. For provider, file a complaint, meet with a district attorney, enroll your more information on the types of public assistance, including 42 © 2024 Legal Momentum gniklatS ,stluassA lauxeS ,ecneloiV citsemoD

If you have concerns or believe that your rights have DOCUMENT PROBLEMS: If you feel like your employer been violated, there are various actions you can take to is not responding appropriately to your disclosure or advocate for yourself. In addition to the general guidance requests, be sure to document everything that happens in in Section 1, consider the following: detail as early as possible (including names, dates, places, times, witnesses, and nature of the incident). Keep a paper CONSIDER WORKPLACE IMPACT OF THE ABUSE: trail of relevant evidence, including threats of retaliation. As a victim of domestic or sexual violence, you may Save copies of any and all evidence, including copies of not be contemplating how the abuse is impacting your emails, text messages, written letters or notes, voicemails, workplace. As a starting point, consider how the abuse is and photos. affecting your work and whether you need to take steps to assist you if the abuse is impacting your performance, SPEAK TO YOUR EMPLOYER: If you are being attendance, timeliness, or other aspects of your work. harassed by your abuser at work or if you are having difficulty at work as a result of abuse, speak to your REVIEW WORKPLACE POLICIES/UNION employer about ways in which you can enhance your CONTRACTS: It is always beneficial to check your safety or make changes at work to help you better address employment policy, if one exists, in case your employer the abuse or obtain necessary assistance. If you believe provides broader protections than the legally required that your work performance may be suffering as a result of minimum or has a procedure in place for reporting. Places the abuse, consider whether it would be helpful to speak to to look for relevant information include: leave policy; your employer to explain your situation and see if there are sexual harassment policy; disciplinary and termination solutions that may help improve your performance. procedures: collective bargaining agreement: workplace violence policy: or any specific policy on gender-based If you are concerned that your employer is treating you violence. negatively because of your status as a victim of domestic violence, consider notifying your employer that you © 2024 Legal Momentum © 2024 Legal Momentum.

gniklatS ,stluassA lauxeS ,ecneloiV citsemoD cash, food, healthcare, and housing assistance, see Section 12 of Note also that if you are an immigrant victim of certain crimes, this Toolkit on Public Benefits. If you would like to apply for public you may qualify for a special visa to stay in the country and assistance but are concerned that meeting certain requirements may obtain a green card. You may qualify for a U Visa if you are place you or your children at greater risk of harm or make it difficult an immigrant victim of certain crimes, including violent and to escape the abuse, you can request a waiver to temporarily delay sexual crimes, and you are willing to assist law enforcement in a those requirements. Requesting a waiver does initiate screening for criminal investigation or prosecution. You may qualify to petition domestic violence. For more information, visit: https://opdv.ny.gov/ for lawful status, receive employment authorization, and be financial-compensation. eligible for public benefits under the Violence Against Women Act (VAWA) if you are an abused spouse, child, or parent of a U.S.

WORKPLACE SAFETY: Although there are no specific federal Citizen or permanent resident. Additionally, you may qualify for standards for workplace violence, under the federal Occupational a T Visa to obtain lawful status and employment authorization if Safety and Health Act, workers have the right to working conditions you are a survivor of sex or labor trafficking and if you are willing that do not pose a risk of serious harm. Workers can file a to assist law enforcement in a criminal investigation and/or confidential complaint with the U.S. Occupational Safety and Health prosecution. The National Immigrant Women’s Advocacy Project Administration if they believe someone is creating a safety risk that provides a directory of service providers, including advocates the employer has failed to address: https://www.osha.gov/workers/ and attorneys who may be able to assist you: http://directory.

file_complaint.html or call 1-800-321-OSHA. niwap.org. WORKERS’ COMPENSATION: Workers injured while working, Note also, that you may be suffering from unlawful regardless of immigration status and including domestic workers discrimination if you are denied employment because an who work at least 40 hours a week for a single employer, can qualify employer does not want to “deal with the hassle” of hiring for workers’ compensation, which is a form of insurance that covers someone with your type of work authorization, requires that your wages and medical benefits to assist employees recover. You you provide verification documents before making you an offer, must meet eligibility requirements. Claims are filed with the NYS or demands more paperwork than is legally required.155 For Workers’ Compensation Board: http://www.wcb.ny.gov/content/ more information, including the list of acceptable verification main/Workers/Workers.jsp.

documents, visit: https://www.uscis.gov/i-9-central/employee- rights-resources/preventing-discrimination. If you think your IMMIGRATION STATUS: The protections above apply rights have been violated, contact a legal advocate or attorney. regardless of your immigration status. See the Additional Resources section at the end of this Toolkit.

been violated, there are various actions you can take to is not responding appropriately to your disclosure or advocate for yourself. In addition to the general guidance requests, be sure to document everything that happens in in Section 1, consider the following: detail as early as possible (including names, dates, places, times, witnesses, and nature of the incident). Keep a paper

Consider Workplace Impact Of The Abuse:

trail of relevant evidence, including threats of retaliation. As a victim of domestic or sexual violence, you may Save copies of any and all evidence, including copies of not be contemplating how the abuse is impacting your emails, text messages, written letters or notes, voicemails, workplace. As a starting point, consider how the abuse is and photos.

affecting your work and whether you need to take steps to assist you if the abuse is impacting your performance, SPEAK TO YOUR EMPLOYER: If you are being attendance, timeliness, or other aspects of your work. harassed by your abuser at work or if you are having difficulty at work as a result of abuse, speak to your

Review Workplace Policies/Union

employer about ways in which you can enhance your CONTRACTS: It is always beneficial to check your safety or make changes at work to help you better address employment policy, if one exists, in case your employer the abuse or obtain necessary assistance. If you believe provides broader protections than the legally required that your work performance may be suffering as a result of minimum or has a procedure in place for reporting. Places the abuse, consider whether it would be helpful to speak to to look for relevant information include: leave policy; your employer to explain your situation and see if there are sexual harassment policy; disciplinary and termination solutions that may help improve your performance.

procedures: collective bargaining agreement: workplace violence policy: or any specific policy on gender-based If you are concerned that your employer is treating you violence. negatively because of your status as a victim of domestic violence, consider notifying your employer that you

are protected under New York law. It may be helpful Violence (https://opdv.ny.gov), which has a Domestic and to consult an attorney about the best way to have this Sexual Violence Hotline: 1-800-942-6906 (English and conversation with your employer to protect yourself. Spanish). If you reside in NYC, you can contact the NYC For assistance, contact Legal Momentum or see the 24-Hour Domestic Violence Hotline: 1-800-621-HOPE or Additional Resources section at the end of this Toolkit. 1-800-621-4673.

FILE A COMPLAINT: If you were discriminated Resources, including a program directory of domestic against based on your status as a victim of domestic violence service programs across the state, are also violence, or denied reasonable time off as a reasonable available at the New York State Coalition Against accommodation, you can file a claim with the NYS Division Domestic Violence: https://www.nyscadv.org/find-help/.

of Human Rights: https://dhr.ny.gov/contact-us. NYC: If you live in New York City, you can visit If you were discriminated against or denied a reasonable a Family Justice Center in your borough, which accommodation for domestic violence, sexual assault, or can assist you to develop a safety plan, apply for stalking and you work in New York City or Westchester benefits, get mental health counseling, obtain County, you can file a complaint with the New York City referrals for job training, obtain legal assistance, Commission on Human Rights (https://www1.nyc.gov/ and connect to law enforcement or the district site/cchr/about/contact-us.page) or the Westchester attorney’s office. For a list of Family Justice Centers, County Human Rights Commission (https://humanrights. visit: https://www1.nyc.gov/site/ocdv/programs/ westchestergov.com/file-a-complaint/filing-a-complaint). family-justice-centers.page. Sanctuary for Families If you were improperly denied earned safe time in New also provides counseling and crisis services, legal York State, you can file a complaint with the Department representation for individuals seeking to escape of Labor: https://dol.ny.gov/unpaidwithheld-wages-and- abuse, career readiness and technology training, wage-supplements and crisis shelters. To get help, visit: https:// sanctuaryforfamilies.org/get-help/.

If you were improperly denied earned safe time in New York City, you can file a complaint with the NYC FIND A SHELTER OR HOUSING: Survivors of Department of Consumer Affairs: https://www1.nyc.gov/ domestic violence residing in New York City may receive site/dca/workers/workersrights/file-workplace-complaint. temporary housing, emergency shelter, and supportive page. services for themselves and their children through the Human Resources Administration and Safe Horizon.

FILE A LAWSUIT: You also have the option of Programs provide counseling, advocacy, and referral filing a lawsuit in state court instead of the New York services. Safe Horizon offers 8 confidential domestic State Division of Human Rights or the New York City violence shelters located throughout New York City.

Commission on Human Rights. To reach their hotline: 1-800-621-4673. Based on your status as a victim of domestic violence, sexual assault, or SEEK ASSISTANCE FOR THE ABUSE: If you are stalking, you may be eligible to receive certain preferences a victim of domestic violence, you can receive various or priorities when applying for federal housing assistance.

types of assistance, including crisis intervention, safety Contact your local housing provider for more information. planning, assistance identifying emergency shelter or temporary housing, counseling, advocacy, referrals, and OBTAIN INFORMATION IN YOUR LANGUAGE: You other types of supportive services for yourself and your children.

languages on the City’s website: https://www1.nyc.gov/ site/dca/about/paid-sick-leave-law.page. If you live in New York State, you can seek assistance by contacting the NYS Office for the Prevention of Domestic 44 © 2024 Legal Momentum gniklatS ,stluassA lauxeS ,ecneloiV citsemoD

Reproductive & Maternal Health: You have the right to a safe and confidential abortion until your 24th week of pregnancy or at any point medically necessary to protect your life or health. If you receive Medicaid or have health insurance, your provider must cover critical family planning services, including contraception and abortion services at no additional cost..

45. © 2024 Legal Momentum. Reproductive & Maternal Health: The decision whether or not to bear a child is central to a woman’s life, to her wellbeing and dignity. It is a decision she must make for herself.” — Justice Ruth Bader Ginsburg, Associate Justice of the Supreme Court of the United States © 2024 Legal Momentum 45.

Reproductive & Maternal Health until your 24th week of pregnancy or at any point medically necessary to protect your life or health. If you receive Medicaid or have health insurance, your provider must cover critical family planning services, including contraception and abortion services at no additional cost.

The decision whether or not to bear a child is central to a woman’s life, to her wellbeing and dignity. It is a decision she must make for herself.” — Justice Ruth Bader Ginsburg, Associate Justice of the Supreme Court of the United States

How Does Reproductive and Maternal Health Relate to

My Economic Security?

Your reproductive freedom—your ability to determine if and services are more likely to fall into poverty, face unemployment, when to have a child—and your right to affordable reproductive or be forced to rely on public assistance.156 Even when and maternal health services—contraception, abortion, and reproductive health services are available, the high cost can medical care during and after pregnancy—can be critical to your serve as a major barrier, forcing women to choose between economic security and wellbeing.

contraception and other basic necessities.157 Raising children can be expensive, and without adequate All women should have the freedom and ability to make their support women have traditionally suffered additional financial own decisions about their reproduction and to pursue their penalties—having to go on unpaid leave before and after childbirth, having to return to work while recovering from educational and career goals on their own time and on an childbirth, and getting fired or being forced to leave a job. In equal footing with men. In New York State, there are laws and fact, women who are denied access to reproductive health requirements in place to help you do so.

What are My Legal Rights?

In this Toolkit, the terms “reproductive rights” and “maternal coverage directly from your health insurance provider.162 health” refer mainly to contraception, including birth control; abortion services; preventive care; healthcare during and after Abortion pregnancy; and healthcare coverage for these various services.

When making decisions about your future, it is important that In New York State, you have the right to a safe and confidential you are aware of the rights and/or healthcare coverage you may abortion before your 24th week of pregnancy or at any point or may not have with respect to contraception, abortion, and medically necessary to protect your life or health or at any point reproductive and maternal healthcare services. if it is medically determined that the fetus would not survive birth.163 Birth Control While the full legal ramifications of the U.S. Supreme Court decision eliminating the constitutional right to an abortion and It is your choice whether or not you choose to use birth control.

the resulting legislation in various states are still unknown, New If you receive health insurance from your employer in New York has taken steps to protect abortion access by passing laws York State, your employer and insurance provider must cover that: all F.D.A. approved forms of birth control at no cost to you.158 However, where multiple version of a contraceptive method • Prohibit law enforcement in New York from cooperating with are available, your insurer is only required to cover one version an out-of-state investigation into an abortion legally procured unless the approved version is not available or is medically under New York law.164 inadvisable for you.159 If requested, your insurer must also cover the entire prescribed supply at your first purchase, for • Allow you to bring a lawsuit for “unlawful interference with up to 12 months of the prescription, which means that if you protected rights” against someone who sues you in another were prescribed a 12-month supply, you should be able to state for obtaining a legal abortion in New York.165 get your entire 12-month supply up front.160 Other forms of

• Protect providers who perform abortion on patients from

birth control that you may be able to get at no cost include outside of New York.166 emergency contraception (e.g., “Plan B”) as well as in-network voluntary sterilization. Lastly, if you have not paid for the form For the most up to date information on abortion law in New York of birth control you are using, then all follow-up services and State, visit: https://www.ny.gov/programs/abortion-new-york- management of side effects, counseling, and device removal state-know-your-rights.

should also be at no additional cost.161 If you receive health insurance through your employer in Religious employers can also opt-out of providing coverage for New York State, you should be able to get an abortion at no birth control in their health insurance plan. In this case, your additional cost. Health insurance providers that cover general employer must provide you with written notice regarding their medical services are required to cover in-network medically refusal, including information about how you can purchase necessary abortions, and there should be no copayment, 46 © 2024 Legal Momentum htlaeH lanretaM evitcudorpeR

coinsurance, or annual deductible.167 In addition, your insurance Note that whether you have healthcare coverage through provider is required to provide coverage for non-surgical Medicaid, your employer, or an individual plan, your insurance abortions that are not medically necessary.168 cannot charge you out-of-pocket expenses for certain preventive services for women such as wellness visits, Your employer is prohibited from discriminating against for you for choosing to have or not to have an abortion or contemplating contraception, pregnancy related services, breastfeeding help, having an abortion.169 The law prohibits an employer from:170 and breast and cervical cancer screenings.177

• Accessing an employee’s personal information regarding

What if I Do Not Have Health Insurance?

the employee’s (or the employee’s dependent’s) reproductive health decisions, without the employee’s prior informed affirmative written consent; Various factors, such as lack of employment or immigration status, can serve as a barrier to obtaining health insurance.

• Discriminating or taking any retaliatory personnel action

However, if you are not employed or your employer does not against an employee with respect to compensation, terms, provide health insurance, New York State offers other options conditions or privileges of employment because of or for healthcare. based on the employee’s (or the employee’s dependent’s) reproductive health decisions; or Through the Affordable Care Act, if you are a lawfully present New York resident, you can purchase private health insurance

• Requiring an employee to sign a waiver or other document

through the New York State of Health Marketplace. To apply, that purports to deny employees the right to make their own reproductive health care decisions. visit https://nystateofhealth.ny.gov or call 1-855-355-5777. Religious employers can choose not to provide health care Medicaid pays for all family planning services, including birth coverage for abortions. However, your health insurance provider control and abortion services, as long as you use a health is required to provide notice to you ahead of time that they can provider that accepts Medicaid. Emergency birth control is provide coverage for medically necessary abortions directly.171 also covered without a prescription.178 The Family Planning Extension Program to Medicaid also provides 24 months of You also have the right to freely access an abortion clinic without physical interference from entering the clinic or threats family planning services after your pregnancy ends.179 of harm.172 If you do not qualify for Medicaid, New York State’s Family New York law strictly protects the confidentiality of all records Planning Benefit Program also provides free and confidential related to an abortion, and your provider cannot disclose records family planning services, for adults and teenagers. The Family related to abortion to anyone without your permission—including Planning Benefit Program offers most birth control methods, to a parent or guardian if you are a minor.173 emergency contraceptives, family planning and pregnancy If you need help paying for your abortion or with travel or lodging counseling. Pregnancy, pre-natal services, abortions, and costs related to your appointment, there are organizations fertility treatments are not covered.180 For more information, dedicated to helping with those costs. For a list, visit: visit: https://www.health.ny.gov/health_care/medicaid/ https://abortionfunds.org. program/longterm/familyplanbenprog.htm. New York State’s Essential Plan is another free or very low cost insurance for REASONABLE ACCOMMODATIONS IN NYC: Under adults with low incomes who do not qualify for Medicaid.

New York City’s Human Rights Law, employees (working for an employer with 4 or more employees) who are undergoing fertility treatment or who have had abortions or miscarriages IMMIGRATION STATUS: Individuals with eligible are entitled to reasonable accommodations at work, including immigration status can receive public benefits, like leave to recover from a procedure.174 Medicaid or the Children’s Health Insurance Program, if they meet program requirements. Regardless of your Preventive, Pregnancy, and Maternal immigration status, if you are pregnant, you have the right Healthcare to Medicaid during your pregnancy. While there are waiting periods for coverage by Medicaid for some immigrants, Essential Plan is an option for those who have just moved Insurers are required to provide coverage for obstetric and gynecological services, including annual examinations and to New York and have a valid visa or deferred action status.

or unlimited care related to a pregnancy.175 All insurers must For more information, visit: https://info.nystateofhealth. also provide coverage for maternity care, including parent ny.gov/essentialplan. education assistance, training in breast or bottle-feeding, and any necessary maternal and newborn clinical testing.176 47 © 2024 Legal Momentum htlaeH lanretaM evitcudorpeR

If you have concerns or believe that your rights have grievance procedure, but act quickly because there are been violated, there are various actions you can take to time limits on when you can file your grievance. Be sure to advocate for yourself. In addition to the general guidance review your policy and your billing statements to see how in Section 1, consider the following: long you have to file the complaint so that you do not miss any deadlines. In addition, you have the right to an appeal REVIEW YOUR HEALTH INSURANCE POLICY: process when your insurer denies health care services. Review your plan to develop an understanding of the kind For more information, visit: https://www.dfs.ny.gov/ of coverage you have and be sure that all required services complaints/file_a_complaint. are covered. Look to see if there are any out-of-pocket costs for the care you are seeking and for how much. If FILE AN ADMINISTRATIVE COMPLAINT: You you think something should be covered but it is not, be have the right to file a federal complaint with the U.S. sure to contact your insurance provider and find out why. Department of Health and Human Services’ Office for Civil Be sure to review your billing statements to verify that you Rights (OCR) (https://www.hhs.gov/ocr/complaints/index. are not being charged for items that should be covered. html) or the EEOC (https://www.eeoc.gov//field/newyork/ FILE A GRIEVANCE: If you want to contest something charge.cfm) against your employer or health insurance about your coverage, you can file a grievance or appeal. company if you feel discriminated against because of the Under the law, your insurance provider must have a family planning choices you have made..

been violated, there are various actions you can take to time limits on when you can file your grievance. Be sure to advocate for yourself. In addition to the general guidance review your policy and your billing statements to see how in Section 1, consider the following: long you have to file the complaint so that you do not miss any deadlines. In addition, you have the right to an appeal

Review Your Health Insurance Policy:

process when your insurer denies health care services. Review your plan to develop an understanding of the kind For more information, visit: https://www.dfs.ny.gov/ of coverage you have and be sure that all required services complaints/file_a_complaint. are covered. Look to see if there are any out-of-pocket costs for the care you are seeking and for how much. If FILE AN ADMINISTRATIVE COMPLAINT: You you think something should be covered but it is not, be have the right to file a federal complaint with the U.S.

sure to contact your insurance provider and find out why. Department of Health and Human Services’ Office for Civil Be sure to review your billing statements to verify that you Rights (OCR) (https://www.hhs.gov/ocr/complaints/index. are not being charged for items that should be covered. html) or the EEOC (https://www.eeoc.gov//field/newyork/ FILE A GRIEVANCE: If you want to contest something charge.cfm) against your employer or health insurance about your coverage, you can file a grievance or appeal. company if you feel discriminated against because of the Under the law, your insurance provider must have a family planning choices you have made.

Pregnancy, Childbirth & Breastfeeding: It is unlawful for an employer to treat you less favorably in the workplace on the basis of pregnancy, childbirth, or a related medical condition. This type of treatment is a form of sex discrimination. An employer is also prohibited from discriminating against workers for pumping breast milk at work and you have the right to take breaks to do so. Depending on your situation, you may have the right to additional workplace protections to adjust your working conditions or to take paid or unpaid leave if needed..

49. 9: © 2024 Legal Momentum. Pregnancy, Childbirth & Breastfeeding: Employers routinely fire pregnant workers, refuse to hire them, strip them of seniority rights, and deny them sick leave and medical benefits given other workers. Such policies have a lifetime impact on women’s careers… discrimination against women workers cannot be eradicated unless the root discrimination, based on pregnancy and childbirth, is also eliminated.” — Susan Deller Ross, Lawyer and Professor of Law, on behalf of the Coalition to End Discrimination Against Pregnant Workers in her 1977 hearing testimony advocating in favor of enacting the Pregnancy Discrimination Act. © 2024 Legal Momentum 49.

Pregnancy, Childbirth & Breastfeeding It is unlawful for an employer to treat you less favorably in the workplace on the basis of pregnancy, childbirth, or a related medical condition. This type of treatment is a form of sex discrimination. An employer is also prohibited from discriminating against workers for pumping breast milk at work and you have the right to take breaks to do so. Depending on your situation, you may have the right to additional workplace protections to adjust your working conditions or to take paid or unpaid leave if needed.

hire them, strip them of seniority rights, and deny them sick leave and medical benefits given other workers. Such policies have a lifetime impact on workers cannot be eradicated unless the root discrimination, based on pregnancy and childbirth, is also eliminated.” — Susan Deller Ross, Lawyer and Professor of Law, on behalf of the Coalition to End Discrimination Against Pregnant Workers in her 1977 hearing testimony advocating in favor of enacting the Pregnancy Discrimination Act.

Women who are working while pregnant, recovering from

• Your employer forces you to go on leave or work fewer hours

childbirth, or breastfeeding, may encounter various obstacles in because you are pregnant, even though you are still able to the workplace, including discrimination or the unlawful denial of fulfill your regular duties. critical legal protections. Discriminatory or unlawful conduct by

• You are pregnant and your employer denies you a promotion

an employer is often subtle, but can have a profound impact on a and tells you to try again after you have your baby. woman’s job, career, or financial stability.

• Your employer allows people to take paid leave for various

Many employers are unaware of their legal obligations and still injuries that occur outside the workplace but refuses to allow operate under old-fashioned ideas about pregnant or parenting you to take paid leave to recover from complications from women in the workplace. Thus, it is critical that you know how to childbirth.

identify discrimination on these grounds and are aware that you

• You apply for a job and the employer asks you if you are

have rights you can assert to protect yourself. pregnant or planning to have a child during the interview. Some examples of discriminatory or unlawful conduct include:

• You ask for a private location to pump milk at work and you are

told to pump in the bathroom.

• Your employer fires you shortly after learning you are pregnant

or starts issuing you negative employment evaluations. • You ask for breaks to pump milk at work and you are told that is not an option given the nature of your work. You are then disciplined every time you take a break to pump.

What are My Legal Rights?

NON-DISCRIMINATION: Under federal law, which or childbirth. applies to employers with 15 or more employees, or under • A request to work from home or to change your work schedule. New York State law, which applies to all employers, an

• A request for a fan based on workplace conditions and impact

employer is prohibited from treating you less favorably on your pregnancy. on the basis of pregnancy, childbirth, or a related medical condition.181 Discrimination on these grounds is a form of sex • A request to work at an alternative site if you work in a very hot discrimination. In New York, it may also constitute familial location.

status discrimination. Under the federal Pregnant Workers Fairness Act, covered This means that it is unlawful for an employer to pass you employers (those with at least 15 employees) must now provide over for a job or promotion, fire you, pay you less, or deny you reasonable accommodations for a worker’s known limitations workplace opportunities or benefits because you are pregnant. related to pregnancy, childbirth, or associated medical Your employer cannot force you to take a leave of absence conditions, unless the accommodation would cause an undue upon learning of your pregnancy or related medical condition, hardship for the employer.182 You employer cannot require you unless you are prevented from performing your duties in a to accept an accommodation without a discussion, require you reasonable manner. to take leave if another reasonable accommodation would allow you to keep working, or retaliate you for requesting or using a REASONABLE ACCOMMODATIONS: If you are pregnant reasonable accommodation.183 and working, you may need to request certain adjustments to your work conditions in order to fulfill your duties while Pregnancy itself is not a disability, however, you may also be pregnant. This is called a reasonable accommodation. entitled to a reasonable accommodation under federal and state disability laws, if you have medical condition as a result of Examples of Reasonable Accommodation Requests:

pregnancy or childbirth that qualifies as a disability,184 such as

• A request for additional bathroom breaks. hypertension, severe nausea, sciatica, or gestational diabetes.

Your employer must work with you to find a reasonable

• A request to use of a chair or to take periodic rest if you stand

accommodation that works for you so long as it does not for long periods of time. create an undue hardship for the employer or prevent you from

• A request to be transferred to a job with lighter duty if you have

completing your essential work functions. to do lifting above the limit specified by your doctor.

• A request to take leave for a condition arising from pregnancy

NOTE: Under federal law, a person with a disability Under the federal Family and Medical Leave Act (FMLA) you is defined as a person who has a physical or mental may be eligible for 12 weeks of unpaid, job-protected leave impairment that substantially limits one or more major to recover from a serious health condition, which can include life activities, a person who has a history or record of such health conditions that arise from pregnancy or childbirth. To an impairment, or a person who is perceived by others as be eligible, you must work for a private employer with more having such an impairment. Under New York State law, than 50 employees or a public employer, regardless of the a disability is defined as a physical, mental or medical number of employees. You must also have worked for your impairment resulting from anatomical, physiological, employer for at least 12 months for at least 1,250 hours over genetic or neurological conditions which prevents the the past 12 months. Effective January 1, 2025, pregnant exercise of a normal bodily function or is demonstrable employees in New York are eligible for up to 20 hours of paid by medically accepted clinical or laboratory diagnostic leave to attend prenatal appointments.188 techniques.185 SHORT-TERM DISABILITY BENEFITS: Under New York State Law, employers must provide temporary disability benefits Under New York State law, you are entitled to a reasonable for pregnancy and child-birth related disabilities.189 The typical accommodation if you have a pregnancy-related medical period of pregnancy-related disability is four to six weeks prior condition, unless the employer can show that it would be very to a woman’s due date and four to six weeks after delivery.

difficult or costly for your employer to comply.186 Your employer’s Eligible workers can receive 50% of the employee’s average refusal to do so may constitute unlawful discrimination. You are weekly wage capped at the maximum benefit allowed. required to provide medical documentation to verify the condition if your employer requests it.

FARMWORKERS: Farmworkers who meet program requirements are now eligible to receive disability benefits NOTE: If you are able to perform your work functions, it in New York State.190 is unlawful for your employer to force you to take unpaid leave and must let you keep working. If you can no longer HARASSMENT: It is unlawful for an employer, supervisor, co- perform your essential work functions and your employer worker, or client to harass a woman at work due to pregnancy, legitimately cannot provide a workable accommodation childbirth, or a related medical condition. For example, it or refuses to provide one because it is not legally required is unlawful for your boss or co-workers to make negative to do so, your employer may give you the option to go on comments about your pregnancy and then question your unpaid leave. This can create a host of problems. If you are ability to do your job. However, to be legally actionable, under placed in this position, speak with your employer and your state or federal law the harassment has to result in a negative doctor to see if there are any workable solutions that would employment action, such as termination, demotion, reduction allow you to keep your job.

in hours, or be so severe or frequent that it creates a hostile or offensive work environment. NYC: Protections are stronger if you work in New York BREASTFEEDING/LACTATION: Under the federal PUMP Act, City (NYC), where any employer with 4 or more employees employers must provide reasonable break time for employees must provide a reasonable accommodation for pregnancy, to express breast milk for nursing children for one year after childbirth, and related medical conditions (e.g., post-partum the child’s birth. Employees are entitled to a place to pump that depression, miscarriage, and abortion) to help you perform is not a bathroom and that is shielded from view and free from the essential functions of your job.187 Your employer can intrusion.191 This requirement may not apply to employers with still deny the request if it would be too difficult or costly fewer than 50 workers if it would impose an undue hardship.192 to comply or if the request prevents you from performing Under New York State law your employer, regardless of size, is the basic requirements of your job. Employers in NYC also prohibited from discriminating against you or penalizing you have an obligation to provide notice to new and existing for pumping breast milk at work.193 Additionally, New York employees about their rights under this provision.

State law now makes clear that lactation is a pregnancy-related TIME OFF: Under your employer policy or handbook, you may condition, which means that covered employers must provide be able to use available vacation, sick, or personal time off to reasonable accommodations for lactation needs. All employers address your needs. Note, that your employer may be engaging must provide a reasonable unpaid break or allow you to use paid in unlawful discrimination if it denies your request but has break time or meal time to pump breast milk for up to 3 years approved requests from your coworkers on other comparable after your child’s birth.194 Your employer must provide a room grounds such as for personal needs, doctor’s appointments, and or location close to your work area to pump in private (shielded family emergencies. Be sure to inform your employer in advance from view and intrusion).195 This should not be a bathroom.

and as early as possible and comply with your workplace policy Further, this room should have a chair, working surface, nearby for requesting and taking personal time off. As discussed access to clean running water, and (in workplaces supplied with above, you may also be able to request time off as a reasonable electricity) an electrical outlet.196 In NYC, additional protections accommodation. and requirements apply regarding lactation rooms and your 51 © 2024 Legal Momentum gnideeftsaerB htribdlihC ,ycnangerP

If you have concerns or believe that your rights have been REVIEW YOUR WORKPLACE POLICY, EMPLOYMENT violated, there are various actions you can take to advocate CONTRACT, AND/OR UNION CONTRACT: Your for yourself. In addition to the general guidance in Section 1, workplace policy or union contract may include stronger consider the following: protections, so you should review them to see if you are entitled to more than what the law requires. NOTIFY YOUR EMPLOYER ABOUT THE LAW: Many employers are not well-informed about their legal obligations, FILE AN ADMINISTRATIVE COMPLAINT: If your especially since there have been recent changes to the law. If employer did not appropriately address your discrimination you think that your employer is not complying with the legal complaint, you can contact or file a formal administrative requirements above or is improperly denying you a benefit to complaint. Depending on the type of benefit you are seeking, which you are entitled, consider speaking with your employer the agency may vary. To file a discrimination complaint or and notifying them about the legal requirements. You can to challenge the denial of a reasonable accommodation speak with a legal services organization or advocate like request, you can file with your local equal employment agency, Legal Momentum, to get more guidance on whether you are the New York State Division of Human Rights (https://dhr. covered and how to speak with your employer. ny.gov/contact-us), or the EEOC (https://www.eeoc.gov//field/ newyork/charge.cfm)..

52 © 2024 Legal Momentum gnideeftsaerB htribdlihC ,ycnangerP employer must have a written lactation accommodation policy employer is violating the law if it fires you, demotes you, in place.197 If you know that you plan to pump, you should notify suspends you, cuts your pay or work hours, assigns you more your employer in advance so that necessary arrangements can difficult work duties, or starts issuing poor performance be made. Effective June 19, 2024, New York employees are evaluations to punish you for asserting your rights.

entitled to up to thirty minutes of break time to express breast Note that while retaliation is illegal, there are always risks to milk for up to three years after the birth of a child.198 reporting and your employer may still penalize you for taking RETALIATION: It is unlawful for your employer to engage action. If that happens, remember that retaliation is a separate in “retaliation” (punish you) if you address or challenge violation of the law. This means that, in some cases, even if an discrimination on the basis of pregnancy, childbirth, or a employer is found not to have discriminated against you, they related medical condition or for requesting a reasonable may still be held accountable for retaliating against you and accommodation on these grounds. This means that your may be required to pay damages.

violated, there are various actions you can take to advocate CONTRACT, AND/OR UNION CONTRACT: Your for yourself. In addition to the general guidance in Section 1, workplace policy or union contract may include stronger consider the following: protections, so you should review them to see if you are entitled to more than what the law requires.

NOTIFY YOUR EMPLOYER ABOUT THE LAW: Many employers are not well-informed about their legal obligations, FILE AN ADMINISTRATIVE COMPLAINT: If your especially since there have been recent changes to the law. If employer did not appropriately address your discrimination you think that your employer is not complying with the legal complaint, you can contact or file a formal administrative requirements above or is improperly denying you a benefit to complaint. Depending on the type of benefit you are seeking, which you are entitled, consider speaking with your employer the agency may vary. To file a discrimination complaint or and notifying them about the legal requirements. You can to challenge the denial of a reasonable accommodation speak with a legal services organization or advocate like request, you can file with your local equal employment agency, Legal Momentum, to get more guidance on whether you are the New York State Division of Human Rights (https://dhr.

covered and how to speak with your employer. ny.gov/contact-us), or the EEOC (https://www.eeoc.gov//field/ newyork/charge.cfm).

10.

Paid Family Leave: If you have worked enough days and hours, you have the right to paid, job-protected leave to care for a newborn, a newly adopted child, or a sick family member, or to address certain family needs that result from military deployment. You may also have the right to other forms of leave to assist you with caring for yourself and your family..

53. © 2024 Legal Momentum. Paid Family Leave: Whatever the case is, no working American should ever have to choose between their family members and a paycheck….But if you don’t have paid leave, that’s exactly the choice you have to make and this is especially true if you are working in a low-wage job.” — Kirsten Gillibrand, U.S. Senator, N.Y. © 2024 Legal Momentum 53.

right to paid, job-protected leave to care for a newborn, a newly adopted child, or a sick family member, or to address certain family needs that result from military deployment. You may also have the right to other forms of leave to assist you with caring for yourself and your family. Whatever the case is, no working American should ever have to choose between their don’t have paid leave, that’s exactly the choice you have to make and this is especially true if you are working in a low-wage job.” — Kirsten Gillibrand, U.S. Senator, N.Y.

Women have historically been expected to take on family care families. Getting paid to take leave to care for your family is responsibilities and many women willingly choose to do this essential to your economic equality, and in New York State, you critical, difficult, and undervalued task. Whether by necessity are now likely covered and have access to some degree of paid or choice, it is essential that women no longer incur a financial family leave.

penalty or sacrifice their economic security to care for their

What is Paid Family Leave and When Can You Take It?

If you work for a private employer in New York State, you may partner, grandchild, or grandparent. A serious health condition be eligible under New York State law199 to receive Paid Family includes illness, injury, impairment, or a physical or mental Leave to: condition that involves inpatient care or continuing treatment by a health care provider.

Bond with a new child, including adopted and foster children within 12 months of a child’s birth or placement for adoption or Address certain military family needs when a family member foster care. (spouse, domestic partner, child, or parent) has been called Care for a family member who has a serious health condition, to active military duty (note: only “qualifying exigencies” are including a child, parent, parent-in-law, sibling, spouse, domestic covered).

Who is Protected by the Law?

You are eligible to take leave if you work for a private employer IMMIGRATION STATUS: You can claim benefits in New York State and you are employed full-time for 20 or more regardless of your immigration status and regardless of hours per week for 26 consecutive weeks (about 6 months); OR the number of workers employed by your employer.

part-time for less than 20 hours per week once you have worked a total of 175 days. If you work for a government agency, you may not be covered. However, individual agencies can opt-in to DOMESTIC WORKERS: If you meet the eligibility the plan, so check with your employer. requirements, you are covered regardless of the size of Note that you may not be eligible if your employer is party to your employer, which means you are covered even if you a collective bargaining agreement that provides benefits that are a domestic worker who is the only person working for are as favorable as, or better than, benefits provided under your employer. As of January 1, 2022, paid leave benefits this program. If you are a member of a union, check with your have been extended to domestic workers hired directly union representative.

by a private homeowner who work 20 or more hours a week for the private homeowner.201 These workers are FARMWORKERS: Farmworkers who meet program eligible to take Paid Family Leave once they have been in requirements are now eligible to receive paid family leave employment for 26 consecutive weeks.202 and disability benefits in New York State.200 54 © 2024 Legal Momentum evaeL ylimaF diaP

Why is Paid Family Leave Important for Women?

Be Reimbursed?

Eligibility for Other Related Benefits or Your employer may provide more comprehensive paid family leave. However, if it does not, it must provide paid family leave to Protections eligible workers in compliance with New York State law. HEALTH BENEFITS: If you were receiving health insurance You may be eligible for up to 12 weeks of paid leave. Leave can benefits from your employer, you are entitled to the same be taken all at once or intermittently in smaller units such as in health benefits under the same premiums.

weekly or daily increments. Eligible employees are entitled to FAMILY & MEDICAL LEAVE: If you work for a private partial income replacement at 67% of their average weekly wage, employer with 50 or more employees, a public employer, or up to the cap. Payments are capped at the state’s average weekly a public or private elementary or secondary school, you are wage, determined annually. Benefits are payable from the first day likely covered under the federal Family and Medical Leave Act of paid leave. (FMLA).204 The FMLA provides covered employees with up to 12 weeks of job protected, unpaid family or medical leave for To determine the current maximum weekly benefit, and for more employees who worked for their employer for at least 12 months information, visit: https://paidfamilyleave.ny.gov.203 and worked at least 1,250 hours over the past 12 months. An eligible employee can take leave 1 for the birth and care of a Benefits are funded by employee contributions made by all employees newborn child; 2 for the placement of a child through adoption or (unless exempt) through a small payroll deduction. Your paystub will foster care; 3 to care for an immediate family member (spouse, show if these contributions are being withheld from your paycheck. child, or parent) with a serious health condition; (Effective as of Employers cannot deduct more than what the law allows. January 1, 2023, the definition of family member will expand to include siblings.) 4 to recover from the employee’s own serious HOW DO I REQUEST LEAVE? If you think you are eligible and health condition; or 5 to address certain military family needs.

want to take paid family leave, you should try and request leave in DISABILITY: Under New York State Law, employers must writing as early as possible and you must provide 30 days notice for provide disability benefits to eligible workers for off-the-job events that you are aware of in advance, such as childbirth.

injury or illness, which includes pregnancy and child-birth related disabilities.205 The typical period of pregnancy-related If your employer requests documentation, you will need to submit disability is four to six weeks prior to a woman’s due date and it to verify your need to take leave. four to six weeks after delivery. Eligible employees can receive 50% of their average weekly wage capped at the maximum When requesting leave, you must 1 make your employer aware benefit allowed. While Paid Family Leave and FMLA both of the qualifying event, 2 explain the anticipated timing and provide job protection, leave for disability does not guarantee duration of the leave, and 3 identify the type of family leave you are job protection unless you are also covered by FMLA. That requesting. After you provide this information, it is your employer’s means that if you take disability leave, your employer is not responsibility to seek any additional information they need. required to bring you back once your leave has ended.

Your employer should provide you with a written application, PAID SICK TIME: In New York State, employees accrue sick leave at a rate of one hour of leave for every 30 hours which will be submitted to your employer’s paid family leave worked. Employees of employers with 100 or more employees insurance carrier.

accrue up to 56 hours of paid sick leave per year; employees JOB PROTECTION & RETALIATION: It is unlawful for your of employers with 5 to 99 employees accrue up to 40 hours of paid sick leave per year; and employees of employers with employer to discriminate or retaliate against you for taking the 4 or fewer employees accrue up to 40 hours of unpaid sick leave for which you qualify. You are entitled to job protection, leave per year.206 Employees can use this leave for their own which means that your employer is prohibited from firing you for mental or physical illness, injury, or health condition, or that of taking paid family leave and you must be reinstated to the same a family member; or for the diagnosis, care, or treatment of an or an equivalent position when you return. illness, injury, or health condition of the employee or a family member.207

If you have concerns or believe that your rights have been reinstatement, lost compensation, and repayment of certain violated, there are various actions you can take to advocate fees. Your employer may also have to pay fines or penalties for yourself. In addition to the general guidance in Section to the state. 1, consider the following: To seek reinstatement, you must first file a request REQUEST LEAVE IF YOU NEED TO TAKE IT: Set up with your employer and the New York State Workers’ a meeting with your employer to discuss your need to Compensation Board (WCB) and give your employer 30 days take leave. Make sure that you are giving your employer to reinstate you or respond to your request, before filing a sufficient notice and be prepared to submit documentation to verify your need to take leave. complaint with the WCB. To initiate other actions, you must file a complaint with the WCB, which will hold a hearing. CHALLENGE IMPROPER DENIALS: You may wish to challenge your employer’s determination if you believe Additional information on how to file a complaint with the you were improperly denied leave benefits, your employer WCB is available at http://www.wcb.ny.gov. You can contact retaliated against you for requesting leave, you were not the WCB at: 877-632-4996. Language assistance services restored to the same or comparable position after taking are available. If you need further assistance, you can leave, or you were denied health benefits while on leave. contact Legal Momentum’s Helpline: 212-925-6635, ext. You may be entitled to certain remedies such as 650, https://www.legalmomentum.org/get-help..

violated, there are various actions you can take to advocate fees. Your employer may also have to pay fines or penalties for yourself. In addition to the general guidance in Section to the state. 1, consider the following: To seek reinstatement, you must first file a request REQUEST LEAVE IF YOU NEED TO TAKE IT: Set up with your employer and the New York State Workers’ a meeting with your employer to discuss your need to Compensation Board (WCB) and give your employer 30 days take leave. Make sure that you are giving your employer to reinstate you or respond to your request, before filing a sufficient notice and be prepared to submit documentation to verify your need to take leave. complaint with the WCB. To initiate other actions, you must file a complaint with the WCB, which will hold a hearing.

CHALLENGE IMPROPER DENIALS: You may wish to challenge your employer’s determination if you believe Additional information on how to file a complaint with the you were improperly denied leave benefits, your employer WCB is available at http://www.wcb.ny.gov. You can contact retaliated against you for requesting leave, you were not the WCB at: 877-632-4996. Language assistance services restored to the same or comparable position after taking are available. If you need further assistance, you can leave, or you were denied health benefits while on leave.

contact Legal Momentum’s Helpline: 212-925-6635, ext. You may be entitled to certain remedies such as 650, https://www.legalmomentum.org/get-help. 56 © 2024 Legal Momentum evaeL ylimaF diaP SICK LEAVE - NYC: Employers in New York City with 5 COMBINING BENEFITS: Employees can receive disability or more employees or that employ one or more domestic benefits to recover from childbirth and also take paid family workers are required under the city’s Earned Sick Time Act leave for bonding with the child, but they cannot receive both to provide paid sick leave to employees.208 Employers must benefits at the same time. Based on needs, an employee can make provide a minimum of 1 hour sick time for every 30 hours arrangements to receive benefits consecutively. If you are covered worked Eligible employees can also take sick leave to care for by New York State’s Paid Family Leave and federal FMLA, you can a close family member. take leave under both laws; however, an employer can require you to take time off for the same event at the same time, provided they notify you of this requirement prior to the start of your leave.

11.

Child Care Assistance & Protections for Caregivers: It is unlawful for an employer to discriminate against you because you have children. Based on your income, you may be eligible for child care assistance to help you get or keep a job..