Paternity and maternity leave provide essential time for bonding with a new child and recovering from childbirth. However, some employees worry about the security of their jobs during this time.
In New York, laws exist to protect workers on parental leave, but it is important to know when termination is a legal possibility.
The limitations of FMLA
The Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid leave to care for a newborn, adopted, or foster child. Under FMLA, employers cannot terminate workers for taking this leave. However, employees must meet eligibility requirements. FMLA only applies when you work for a covered employer for at least 12 months and worked 1,250 hours within the previous year.
Using PFL protection
New York’s Paid Family Leave (PFL) program offers additional job protection. PFL allows eligible employees to take up to 12 weeks of partially paid leave to bond with a child. During this time, employers must maintain health insurance benefits and reinstate the worker to the same or a comparable position upon return.
Valid reasons for termination
Despite these protections, employers can terminate an employee on leave if the reason is unrelated to their parental leave. For example, a worker could face termination if the company undergoes layoffs or if the employee violates workplace policies. Employers must demonstrate that the termination would have occurred regardless of the leave.
Discrimination based on parental leave is illegal under both state and federal law. Employers cannot fire or retaliate against workers simply because they requested or took paternity or maternity leave. Workers facing termination under questionable circumstances may need to evaluate whether their employer acted lawfully.
