- Employers with more than four employees cannot fire a pregnant employee or change terms, conditions and privileges of employment due to pregnancy, childbirth or other related circumstances. Employers cannot refuse to hire a pregnant applicant.New York’s state law, January 2016, explicitly gives pregnant workers the right for reasonable accommodations for pregnancy-related conditions.
- Take occasional breaks to rest, Drink water.
- a modified work schedule,
- Leave for medical reasons,
- Available for light-duty assignments and
- is exempted from hazardous duty.
You have the right to return to work if you are on leave because of a pregnancy or pregnancy-related condition. Your employer may not require that you remain on leave until your baby is born. However, they must keep your job for you just as they hold it for other employees.
Visit dhr.ny.gov/ to find out more or to make a complaint. You can also call the Division of Human Rights at 1-888-392-33644.
New York law makes it illegal for an employer to discriminate against you because of your breastfeeding. Breastfeeding mothers get a break from work to breastfeed.
- You have the right to take reasonable, unpaid breaks or to use meal time or break time every day for up to three years after childbirth.
- Your employer should make every effort to provide a private area for you to express your breast milk privately.
- You can’t discriminate against your employer based on the fact that you express breast milk at work.
For more information, visit http://ny.gov/nursingmothers.
Former Governor Cuomo signed into law the nation’s strongest, most comprehensive Paid Family Leave policy in 2016. Families with working children will no longer need to choose between taking care of their loved ones or risking their financial security.
Since January 1, 2018, all New York State employees working for private employers can take paid family leave. Your employer may offer paid family leave if you are a public worker.
New York’s Paid Family Leave offers job-protected and paid time off so that you can:
- Bond with an adopted or foster child;
- Care for a relative who has a serious condition.
- Support loved ones while a family member is overseas on active military service.
Your health insurance can be continued while you are on leave. You will still have the same job or a comparable job after your leave ends. You must continue to contribute to your health insurance while you are on Paid Family Leave.