Can I take FMLA leave if I am pregnant?
Yes, you can take FMLA leave if you are pregnant in New York. The Family Medical Leave Act (FMLA) is a federal law which provides up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons. In New York, FMLA is part of the New York State Paid Family Leave Law (PFL) which provides eight weeks of paid family leave to eligible employees for certain family and medical reasons. PFL covers employees who need time off to bond with a new child or to care for a family member with a serious health condition. Pregnant women in New York who meet the eligibility requirements are eligible for FMLA leave for the following reasons: to give birth and to care for the newborn child, to recover from childbirth, and to bond with the newborn child. Employers must provide employees with unpaid leave for these purposes during a 12-week period that begins on the date of the birth, adoption, or foster placement of the child. In New York, FMLA leave is also available to employees who have a serious health condition related to pregnancy or childbirth and need time off to care for themselves. Employers are required to provide employees with up to 12 weeks of unpaid leave for this purpose. For any questions regarding FMLA leave for pregnant women in New York, it is recommended that you consult an employment attorney for advice.
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